Gay Marriage Ban Looks to Have Passed in California, but Is It Legal?

By Karen Ocamb, AlterNet. Posted November 6, 2008.

Lawyers and marriage equality proponents are calling Proposition 8 illegal, and they may have good legal ground to stand on.
Hundreds of gay people and their allies at the Music Box in Hollywood on Election Night thundered their approval when states such as Pennsylvania and Ohio were called for Barack Obama. Like so many others around the world, gay people, anxious for change, felt the pendulum of history about to make a huge sweep in a progressive direction.

In between the election results and foot-stomping music, a steady stream of elected officials -- including new hero Jack O'Connell, California's superintendent of education, who appeared in a No on Prop. 8 ad condemning the "lies" promulgated by the Yes on 8 campaign -- promised to "fight for equality" even if Proposition 8 passed. But for most, that was unthinkable. How could the people of California in 2008 vote to eliminate the existing fundamental right of same-sex couples to marry and write that prohibition into the state constitution?

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