proposition 8

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Proposition 8 was a legislative initiative on the election ballot in California in 2008. The Proposition changed the state Constitution to restrict the definition of marriage to a union between a man and a woman and eliminated the right of same-sex couples to marry. Proposition 8 was highly controversial with supporters and opponents raising more than $70 million to make their cases. While the court decides, the debate continues.

Proposition 8 has been challenged in several law suits now before the California Supreme Court. The state’s Attorney General Jerry Brown has also filed suit to overturn the Proposition, writing that the courts have already said that the right to marry is protected as an “inalienable right.”

In defense of the Proposition, Kenneth Starr has written, "Proposition 8's brevity is matched by its clarity." Starr also wrote, “There are no conditional clauses, exceptions, exemptions or exclusions." He is one of the Proposition’s authors and dean of Pepperdine University's law school.

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