California Proposition 8 facts for kids

Proposition 8 was a special law passed in California on November 4, 2008. This law made it illegal for same-sex couples to get married in California. About 52% of voters said "yes" to Proposition 8, and 48% said "no."

The law changed California's Constitution. It added a sentence that said, "Only marriage between a man and a woman is valid or recognized in California." This new rule was created after a judge had previously decided that marriage for same-sex couples was legal under California's state Constitution. A lot of the money to support Proposition 8 came from The Church of Jesus Christ of Latter-day Saints.

Proposition 8 became a very debated topic and was taken to court.

Court Battles Over Proposition 8

On August 4, 2010, a judge named Vaughn Walker made an important decision. He ruled that Proposition 8 was against the Constitution. This meant he thought it should be stopped. If his ruling stood, marriage for same-sex couples would become legal again in California. However, Judge Walker put a "stay" on his decision. This pause allowed those who supported Proposition 8 to ask a higher court to review the case.

Appeals to Higher Courts

The case then went to the United States Court of Appeals for the Ninth Circuit. On February 7, 2012, the judges in this court agreed with Judge Walker. They also decided that Proposition 8 was against the Constitution. But they also put a "stay" on their ruling. This gave the supporters of Proposition 8 another chance to appeal. They decided to take the case to the highest court in the country, the Supreme Court of the United States.

Supreme Court's Decision

The supporters of Proposition 8 asked the Supreme Court to hear their case on July 30, 2012. On December 7, 2012, the Supreme Court agreed to review the case. The Supreme Court was expected to make its final decision in 2013.

What Were the Possible Outcomes?

When the Supreme Court heard the case, there were a few different ways they could have ruled:

• The Supreme Court could have agreed with the lower courts. If this happened, Proposition 8 would have been canceled. Marriage for same-sex couples would then be allowed again in California.
• The Court could have disagreed with the lower courts. In this situation, Proposition 8 would have stayed a law in California.
• The Court could have decided that the people who supported Proposition 8 did not have the right to bring the case to the Supreme Court. If this happened, the ruling from the lower court would have remained. This would also mean Proposition 8 would be overturned.

Depending on the Supreme Court's exact decision, Proposition 8 could have been overturned only in California. Or, the ruling could have affected all other laws against marriage for same-sex couples across the entire United States.

Images for kids

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  As California State Attorney General, Jerry Brown (shown here campaigning for Governor in 2010) had the ballot's description and title changed from "Limit on Marriage" to "Eliminates the right of same-sex couples to marry".

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  Official ProtectMarriage.com "Yes on 8" campaign sign

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  Rally for Yes on Prop 8 in Fresno

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  Official "Vote NO on Prop 8" logo

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  Protesters at the "Day of Decision" rally marched up Market Street in downtown San Francisco following the California Supreme Court ruling.

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  Pro and Anti-Proposition 8 protesters rally in front of the San Francisco City Hall on the day of the Supreme Court hearings.

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  Plaintiffs Perry and Stier at the June 30, 2013, Pride Parade in San Francisco after their marriage

See also

In Spanish: Proposición 8 (California) para niños