History of the Fight to Protect Traditional Marriage in California

In 2000, California voters approved Proposition 22, which stated that “only a marriage between a man and a woman is valid or recognized in California.” The measure passed by 61 percent and became part of the California Family Code.

In the spring of 2008, by a narrow 4-to-3 decision, the California Supreme Court declared that Prop 22 violated the State Constitution, thereby legalizing same-sex marriage in California.

To reverse that decision by just four activist judges and restore traditional marriage in California, the ProtectMarriage.com — Yes on 8 Campaign was launched to enact Proposition 8 as an Amendment to the State Constitution. (Read more about the Yes on 8 Campaign here.)

In November 2008, more than seven million Californians voted to approve Prop 8, adding directly into the State Constitution the same language that voters had passed in 2000 as Prop 22.

Since Prop 8 passed, it has been under continuous legal assault in state and federal courts. However, in the Spring of 2009, Prop 8 was upheld by the California Supreme Court as having been properly adopted by the voters.

Prop 8 was then challenged in the Ninth Circuit Court of Appeals and found unconstitutional, a decision we immediately petitioned the United States Supreme Court to overturn. We are currently awaiting the United States Supreme Court’s decision about whether to grant our petition.

Our case is particularly important because a ruling to overturn Prop 8 could nullify the traditional marriage laws in every other state in the nation, and imperil the federal Defense of Marriage Act (DOMA).(Read more aboutPerry v. Brown and how to help here.)