Same-Sex Marriage and the upcoming election

Earlier on this blog, I discussed the case of In re Marriage Cases decided May 15, 2008 in which the California Supreme Court held in a 4-3 opinion that two state laws that had limited marriages to opposite-sex partners are unconstitutional and held that single-sex couples have a constitutional right to marry. The court explained that it could not “find that retention of the traditional definition of marriage constitutes a compelling state interest.”

The citizens of California will have the opportunity to overturn this decision on November 4, 2008 by passing Proposition 8 which would amend California’s constitution to limit marriage to individuals of opposite gender.

Although the California debate has dominated media coverage, similar propositions are also on the ballet in Arizona and Florida.

According to Laurie Goodstein, A Line in the Sand for Same-Sex Marriage Foes, NY Times, Oct. 27, 2008:

[R]eligious conservatives have cast the campaign in California as the decisive last stand, warning in stunningly apocalyptic terms of dire consequences to the entire nation if Proposition 8 does not pass.

California, they say, sets cultural trends for the rest of the country and even the world. If same-sex marriage is allowed to become entrenched there, they warn, there will be no going back. * * *

The most recent poll on Proposition 8 showed 52 percent against it, 44 percent for it and 4 percent unsure.