Marriage Equality on the Ballot on November 4

In California

After a 4-year legal battle, we celebrated a joyous victory for equality in California this spring, and thousands of same-sex couples from all over the country have expressed their love and commitment by getting married. But now we are in one of the biggest fights of our lives to protect the freedom to marry. Voters must defeat Proposition 8 on November 4.

In May, the California Supreme Court ruled 4-3 that the state may no longer exclude same-sex couples from civil marriage in that state. In its powerful decision, the court said, “In light of the fundamental nature of the substantive rights embodied in the right to marry – and their central importance to an individual’s opportunity to live a happy, meaningful and satisfying life as a full member of society – the California Constitution properly must be interpreted to guarantee this basic civil right to all couples, without regard to their sexual orientation.”

For years, antigay forces have used fear and prejudice to persuade voters to pass constitutional amendments to deny marriage equality. The stakes are even higher this time because this ballot initiative would roll back history and take away a fundamental right that same-sex couples are now enjoying. We cannot let them win.

Election Day will be here soon. The other side is raising millions of dollars to put hate and fear on television and radio. We need everyone – no matter where you live – to give as generously as you can right now to the "No on 8" campaign so that our message about fairness and opportunity for same-sex couples and their families can be heard loud and clear.

If you live in California don’t forget to vote and make sure all your friends and loved ones vote, too. And if you live in another state, please call anyone you know in California and explain why it is so important to you that they vote “no” on Proposition 8.

In Florida

The possibility that we can win the freedom to marry in the future is also under attack in Florida, where Proposition 2 would define marriage as a “legal union of only one man and one woman as husband and wife….” And if passed, the measure would change that state’s constitution to also say that “no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.” A 60 percent majority is needed for the antigay measure to pass.

In Arizona

Arizona faces a similar fight, with that state’s rehash of its Proposition 102, despite the fact that voters there rejected the proposition in 2006.

“We can’t let them win these battles on Election Day,” says Lambda Legal Executive Director Kevin Cathcart, “because it will send the message that the majority can vote to take away the rights of a minority, whether it’s about marriage or any other important right.”

Legal Documents

• California Supreme Court Decision: In re Marriage Cases
• Respondents' Answer to Petition for Rehearing
• Petition to Invalidate Ballot Initiative

Resources

• Lambda Legal Analysis: What the Supreme Court Said
• FAQ: What You Need To Know About Getting Married In CA
• FAQ: Traveling to Another State or Country to Marry?
• Lambda Legal Relationships Resources Page
• An Inspiring Victory for Fairness and Opportunity: Statement by Jennifer C. Pizer, Lambda Legal Senior Counsel

Media

• Press Release: Lesbian and Gay Couples Win Freedom To Marry In CA
• Press Release: California Supreme Court Urged Not to Delay Marriages
• "Should Marriage for Same-Sex Couples be Legal?" Lambda Legal Debates the Alliance Defense Fund on OpposingViews.com
• LA Times Dust-Up: Lambda Legal's Jon Davidson and Alliance Defense Fund's Glen Lavy debate
• CA Supreme Court Rules on Bennett v. Bowen 

Lambda Legal Senior Counsel Jennifer Pizer's May 15 Address. Courtesy L.A. Gay and Lesbian Center.