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California Passes Prop 8 Legislation

Poll overturns recent Supreme Court decision on marriage

Issue date: 11/19/08 Section: News
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Protesters against the passing of Proposition 8 outside of a California polling place.
Media Credit: abcnews.go.com
Protesters against the passing of Proposition 8 outside of a California polling place.

By Nicole Dales
Rotunda Reporter

Last week voters in California passed Proposition 8, which redefines marriage. The California State Constitution will now read, "Only marriage between a man and a woman is valid or recognized in California." The newly-passed legislation eliminates the right of same-sex couples to marry. This has caused uproar with the Lesbian, Gay, Bisexual, Transsexual and Questioning community, often referred to as the LGBTQ community.

According to the California General Election Web site, this proposition will provide that only marriage between a man and a woman is valid or recognized in California. In March 2000 California voters passed Proposition 22, which specified that only marriage between a man and a woman is valid or recognized in California, but in May 2008 the California Supreme Court ruled that the statue enacted by this proposition violated the Equal Protection clause of the California State Constitution. As a result of that ruling, marriage between individuals of the same sex was valid and recognized by the state.

This year, Proposition 8 was introduced as an attempt to redefine marriage again as between a man and a woman. The election Web site estimates that this proposition would have some impact in a fiscal sense. Since California is one of the few places where same-sex marriage was legal, many homosexual couples traveled to California to have their weddings. According to the site, this would result in increased revenue, primarily sales tax revenue, to state and local governments. By specifying that marriage between individuals of the same sex is not valid or recognized, this measure could result in revenue loss, mainly from sales taxes, to state and local governments. Over the next few years, this loss could potentially total in the tens of millions of dollars. Over the long run, however, this measure would likely have little fiscal impact on state and local governments.

Some students have argued that this proposition goes against the constitutional rights of same-sex couples. The Bible defines marriage as a union between a man and a woman, but it has been ruled that church and state should remain separate. Some argue that if the government puts rules and limitations on marriage it is combining church and state.
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Daniel

posted 12/03/08 @ 4:15 AM EST

Trent Armitage presents a very good point. Likely the only reason there is a fuss about it is because of the misunderstanding of what's at stake. The point isn't marriage itself, it's the rights that go with it. (Continued…)

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