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Analysis of California's Ban on Same-Sex Marriage - Proposition 8


            There are several unique legal factors present in the progression of the landmark .
             ruling in the case of Perez versus Sharp (1948) and the creation of Proposition 8 .
             on the California ballot in 2008. Complicating this progression is the unique role .
             of San Francisco's city government which overruled the findings of federal courts .
             and allowed same-sex marriage in their city (Barron, 2218). As a result, there .
             continues to be an influx of homosexual and lesbian couples to San Francisco to .
             become legally married and then carry this status back to their individual states. .
             They are doing this to be able to provide health care and other benefits typically .
             given only to married couples. The argument that gay or lesbian partners are in .
             fact a couple is the at the center of this debate from a philosophical and religious .
             standpoint. .
             As a result, Proposition 8 was the most hotly contested and divisive political .
             issue on the California ballot in 2008, with each side spending nearly $74M to .
             further promote their side of the argument and seek to win over cross-over voters .
             who had not decided. The contention on those looking to ban same-sex marriage .
             is that a marriage should be between a man and a woman. This was specifically .
             supported by opponents to same-sex marriage realizing that many of the .
             educational texts would be rewritten to show the political correctness of having .
             gay or lesbian parents. This single tactic of showing how same-sex marriages .
             would impact the overall educational process and content for children further .
             intensified the efforts of the attorneys and legislators in the side of allowing for .
             same-sex marriage to continue to show that in fact this would not be the case. .
             Charging that the contention of educational content being completely re-written to .
             sanction and as critics complained, promote same-sex marriage as approved in .
             elementary school text books, those in favor of same-sex marriage looking to .


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