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4 Reasons Why California Banned Gay Marriage, Again

Joshua Sharp

Posted: Nov 6th 2008 2:08PM

Filed under: US Elections, Politics, Small Campus, Big Story, USC

California voters on Tuesday passed a controversial constitutional amendment banning same-sex marriage, reversing a state Supreme Court decision made in May of this year. The success of Proposition 8 has sparked tears and protests from opponents of the measure. Here are a few theories how it happened:

1. It was all about the children.

The majority of Californians personally don't care if Joe and Steve want to get married. But parents do want control over how, and when, their children learn about homosexuality. The "Yes on 8" campaign was remarkably successful in shifting the focus from marriage rights to future implications. When a first-grade class made national headlines for a field trip to their teacher's lesbian wedding, the fear appeals employed by Prop 8 supporters became much more plausible in the minds of undecided voters.

2. No on 8 didn't respond in kind.

In response to these "what about the kids" ads, opponents of Prop 8 should have shown centrist voters an alternative hypothetical: what would happen if Prop 8 did pass. The pictures of same-sex couples devastated and crying, like we've seen in the last few days, is nothing to celebrate. I think if Californians had gone into the voting booth with that image in their mind, the proposition would have been defeated.

Imagine a TV ad with two older women, sitting on a living room couch, talking directly to the camera about what Prop 8 would mean for them. Talking about how the day they were allowed to legally marry was the happiest day in their 36-year relationship. Talking about how devastated and hurt they would be if Prop 8 passed. Then the tagline comes up, "No on Prop 8. Don't eliminate marriage rights for anyone."

This approach would have been risky but effective.

3. The method by which gay marriage became legal.

In 2000, sixty-one percent of California voters supported a proposition defining marriage as between a man and a woman. Repeatedly over the last few years, the Democrat-controlled Legislature passed legislation legalizing gay marriage, only to have Gov. Arnold Schwarzenegger veto the measure every time, citing Californians' vote in 2000. San Francisco's I-don't-give-a-damn mayor Gavin Newsom began officiating same-sex weddings in 2004, and though the marriages were later annulled, the question of marriage rights eventually wound up in front of the state Supreme Court, where four justices made gay marriage legal.

Swing voters didn't like the way four judges overruled the statewide vote from just eight years earlier. Gay marriage is a touchy subject, and the perceived judicial activism caused a backlash especially among moderate Republicans who otherwise were indifferent on the subject.

4. Yes on Obama, Yes on 8.

According to exit polls, 70 percent of African-Americans in California supported Prop 8, even though they voted for Democratic nominee Barack Obama by a large margin. Fifty-nine percent of Catholics supported Obama, while 64% of the same group supported Prop 8.

The irony is that the overwhelming electoral landslide which propelled the first African-American into the presidency could also be responsible for reversing a court-ordered right to same-sex marriage. Democratic volunteers pushing for every Obama vote possible may have unwittingly helped the Yes on 8 campaign's Get Out The Vote efforts, and caused the high court's decision to be overturned.

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