Arizona Proposition 102 (2008)

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Arizona Proposition 102 was an amendment to the constitution of the state of Arizona adopted by a ballot measure held in 2008. It added Article 30 of the Arizona Constitution, which says: "Only a union of one man and one woman shall be valid or recognized as a marriage in this state." [1] The amendment added a constitutional ban on same-sex marriage to existing statutory bans in place since 1996. [2] In October 2014, Article 30 of the Arizona Constitution was struck down as unconstitutional in the United States District Court for the District of Arizona, and is no longer enforced by the state of Arizona, which now allows and recognizes same-sex marriages. [3]

A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document.

Arizona state of the United States of America

Arizona is a state in the southwestern region of the United States. It is also part of the Western and the Mountain states. It is the sixth largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona shares the Four Corners region with Utah, Colorado, and New Mexico; its other neighboring states are Nevada and California to the west and the Mexican states of Sonora and Baja California to the south and southwest.

Ballot measure

A ballot measure is a piece of proposed legislation to be approved or rejected by eligible voters. Ballot measures are also known as "propositions" or simply "questions".

Contents

Overview

On August 26, 2008, Arizona Attorney General Terry Goddard and Secretary of State Jan Brewer agreed that the ballot description would state that same-sex marriage was already prohibited by statute. [4] Incorporating the same provision into the Arizona Constitution was meant to prevent an Arizona court from ruling that the statute was invalid under the Arizona Constitution.

Terry Goddard American attorney and politician

Samuel Pearson Goddard III is an American attorney and politician. A member of the Democratic Party, he served as the Mayor of Phoenix from 1984 to 1990, on the Central Arizona Water Conservation District from 2001 to 2003 and as the 24th Attorney General of Arizona from 2003 to 2011.

Jan Brewer American politician

Janice Kay Brewer is an American politician and author who served as the 22nd governor of Arizona, from 2009 to 2015. A member of the Republican Party, Brewer is the fourth woman, and was the third consecutive woman, to serve as Governor of Arizona. Brewer became governor of Arizona as part of the line of succession, as determined by the Arizona Constitution, when Governor Janet Napolitano resigned to become secretary of Homeland Security. Brewer had served as secretary of state of Arizona from January 2003 to January 2009.

Statute formal written document that creates law, including acts, executive orders, and by-laws

A statute is a formal written enactment of a legislative authority that governs a city, state, or country. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.

Along with similar measures in California (California Proposition 8 (2008)) and Florida (Florida Amendment 2 (2008)), Proposition 102 was decided by voters in the general election on November 4, 2008. The amendment passed by a margin of 56% in favor and 44% against.

Proposition 102 had no immediate impact because its definition of marriage was consistent with the existing statutory definition. [5] As an amendment to the Constitution of Arizona, the definition cannot be changed by the state legislature, and the possibility that a state court might find a state constitutional guarantee of same-sex couples' right to marry is eliminated.

Supporters and opponents

As of August 27, 2008 three committees related to Proposition 102 were registered with the Secretary of State: [6] YESforMarriage.com supporting Prop 102 was the one committee in support, and the two committees in opposition were No on Prop 102 and Arizona Together Opposed to Prop 102.

Supporters said that Proposition 102 was necessary to prevent judges changing the legal definition of marriage, as was done in Massachusetts, California, Connecticut and Iowa. Opponents said that Proposition 102 was unnecessary because same-sex marriage was already illegal in Arizona, and that there were more pressing issues facing Arizona; also they cited the issue of the separation of church and state. [7]

Massachusetts State of the United States of America

Massachusetts, officially the Commonwealth of Massachusetts, is the most populous state in the New England region of the northeastern United States. It borders on the Atlantic Ocean to the east, the states of Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York to the west. The state is named after the Massachusett tribe, which once inhabited the east side of the area, and is one of the original thirteen states. The capital of Massachusetts is Boston, which is also the most populous city in New England. Over 80% of Massachusetts's population lives in the Greater Boston metropolitan area, a region influential upon American history, academia, and industry. Originally dependent on agriculture, fishing and trade, Massachusetts was transformed into a manufacturing center during the Industrial Revolution. During the 20th century, Massachusetts's economy shifted from manufacturing to services. Modern Massachusetts is a global leader in biotechnology, engineering, higher education, finance, and maritime trade.

Same-sex marriage has been legally recognized in the U.S. state of Connecticut since November 12, 2008, following a state court decision that found the state's civil unions failed to provide same-sex couples with rights and privileges equivalent to those of marriage. Connecticut was the second state to do so after Massachusetts.

Iowa State of the United States of America

Iowa is a state in the Midwestern United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states; Wisconsin to the northeast, Illinois to the east, Missouri to the south, Nebraska to the west, South Dakota to the northwest and Minnesota to the north.

Miscellaneous

Proposition 102 was placed on the ballot via referendum rather than through the initiative process on the last day of the legislative session. Presiding State Senator Jack Harper defeated a filibuster on June 27, 2008 to place the proposed Constitutional Amendment on the ballot. Harper faced an ethics investigation over allegedly violating Senate rules by cutting off the microphones of two senators who were attempting to filibuster the bill. [8] Despite the fact that Harper admitted to cutting off the microphones intentionally, [9] a Senate ethics committee consisting of three Republicans and two Democrats voted 3–2, along strict party lines, to dismiss the charges. [10]

State Senators Jack W. Harper, Ronald Gould, Thayer Verschoor, and John Huppenthal stood out as the proponents of the Marriage Amendment to the Arizona State Constitution. The language of Prop 102 was adopted as a strike-everything amendment to Senator Gould's SCR1042.

In 2006, a more restrictive measure, Proposition 107, had been defeated in the general election.

Results

Arizona Proposition 102 [11]
ChoiceVotes%
Yes check.svg Yes1,258,35556.20
No980,75343.80
Total votes2,239,078100.00

By county

Election results by county.
Yes
No 2008AZprop102.png
Election results by county.
  Yes
  No
County [12] Yes (%)Yes (#)No (%)No (#)
Apache 76%18,04423%5,405
Cochise 63%30,49237%17,582
Coconino 50%26,84549%26,264
Gila 68%14,44332%6,884
Graham 80%9,40620%2,352
Greenlee 73%2,02427%744
La Paz 66%3,52434%1,785
Maricopa 55%741,79745%595,077
Mohave 66%43,25834%21,861
Navajo 75%25,31725%8,460
Pima 49%188,94251%195,148
Pinal 61%62,42539%39,457
Santa Cruz 52%6,41248%5,902
Yavapai 61%59,49739%38,546
Yuma 63%25,92937%15,286
Total56.2%1,258,35543.8%980,753

Full text

Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

1. Article XXX, Constitution of Arizona, is proposed to be added as follows if approved by the voters and on proclamation of the Governor:

ARTICLE XXX. MARRIAGE

SECTION 1. ONLY A UNION OF ONE MAN AND ONE WOMAN SHALL BE VALID OR RECOGNIZED AS A MARRIAGE IN THIS STATE.

2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.

See also

Related Research Articles

The Federal Marriage Amendment (FMA) was a proposed amendment to the United States Constitution that would define marriage in the United States as a union of one man and one woman. The FMA would also prevent judicial extension of marriage rights to same-sex or other unmarried heterosexual couples. An amendment to the U.S. Constitution requires the support of two thirds of each house of Congress and ratification by three fourths of the states. The last Congressional vote on the proposed amendment occurred in the House of Representatives on July 18, 2006, when the motion failed 236 to 187, falling short of the 290 votes required for passage in that body. The Senate has only voted on cloture motions with regard to the proposed amendment, the last of which was on June 7, 2006, when the motion failed 49 to 48, falling short of the 60 votes required to allow the Senate to proceed to consideration of the proposal and the 67 votes required to send the proposed amendment to the states for ratification.

2000 California Proposition 22

Proposition 22 was a law enacted by California voters in March 2000 to prevent marriage between same-sex couples. In May 2008, it was struck down by the California Supreme Court as contrary to the state constitution.

2004 California Proposition 60

Proposition 60 was an amendment of the Constitution of California, enacted in 2004, guaranteeing the right of a party participating in a primary election to also participate in the general election that follows. It was proposed by the California Legislature and approved by the voters in referendum held as part of the November 2004 election, by a majority of 67%.

2004 California Proposition 62

Proposition 62 was a California ballot proposition on the November 2, 2004 ballot. It failed to pass with 5,119,155 (46.1%) votes in favor and 5,968,770 (53.9%) against.

Same-sex marriage is legal in the U.S. state of California, and first became so on June 16, 2008, when the state began issuing marriage licenses to same-sex couples as the result of the Supreme Court of California ruling in In re Marriage Cases, which found that barring same-sex couples from marriage violated the state's Constitution. The issuance of those licenses was halted during the period of November 5, 2008 through June 27, 2013 due to the passage of Proposition 8—a state constitutional amendment barring same-sex marriages. The granting of same-sex marriages recommenced following the United States Supreme Court decision in Hollingsworth v. Perry, which restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional.

U.S. state constitutional amendments banning same-sex unions Wikimedia list article

Many U.S. states enacted amendments to their state constitutions which prevented the recognition of some or all types of same-sex unions, but all such amendments were struck down by the Supreme Court of the United States on June 26, 2015, in the case of Obergefell v. Hodges. Some amendments prevented a state from legalizing same-sex marriage, civil unions and domestic partnerships, while others banned only same-sex marriage. By May 2012, voters in 30 states had approved such amendments. While the actual text of these amendments still remains written into the various state constitutions, the Obergefell decision has rendered them unenforceable insofar as they prevented same-sex couples from marrying.

2006 Arizona elections

The Arizona state elections of 2006 were held on November 7, 2006. All election results are from the Arizona Secretary of State's office. Percentages may not add to 100 because of rounding.

2006 Arizona Proposition 107

Arizona Proposition 107 was a proposed same-sex marriage ban, put before voters by ballot initiative in the 2006 General Election. If passed, it would have prohibited the state of Arizona from recognizing same-sex marriages or civil unions. The state already had a statute defining marriage as the union of a man and a woman and prohibiting the recognition of same-sex marriages performed elsewhere.

Alaska Ballot Measure 2 (1998)

Ballot Measure 2 of 1998 is a ballot measure, since ruled unconstitutional, that added an amendment to the Alaska Constitution that prohibited the recognition of same-sex marriage in Alaska. The Ballot measure was sparked by the lawsuit filed by Jay Brause and Gene Dugan, after the two men were denied a marriage license by the Alaska Bureau of Vital Statistics. In Brause v. Bureau of Vital Statistics, 1998 WL 88743, the Alaska Superior Court ruled that the state needed compelling reason to deny marriage licenses to same-sex couples and ordered a trial on the question. In response, the Alaska Legislature immediately proposed and passed Resolution 42, which became what is now known as Ballot Measure 2. Ballot Measure 2 passed via public referendum on November 3, 1998, with 68% of voters supporting and 32% opposing. The Bause case was dismissed following the passage of the ballot measure.

Proposition 2 was a referendum for a state constitutional amendment placed on the ballot by the Texas legislature and approved by the voters at the November 8, 2005 general election. The measure added a new provision to the Texas Constitution, Article 1, Section 32, which provides that "Marriage in this state shall consist only of the union of one man and one woman", and "This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage." Texas thus became the nineteenth US state to adopt constitutional amendment banning same-sex marriage. It was the most populous state to adopt a constitutional ban on same-sex marriage until California passed its ban in November 2008.

2004 California elections

California's state elections were held November 2, 2004. Necessary primary elections were held on March 2. Up for election were all the seats of the State Assembly, 20 seats of the State Senate, and sixteen ballot measures.

2008 California Proposition 8 ballot proposition and state constitutional amendment passed in November 2008

Proposition 8, known informally as Prop 8, was a California ballot proposition and a state constitutional amendment passed in the November 2008 California state elections. The proposition was created by opponents of same-sex marriage in advance of the California Supreme Court's May 2008 appeal ruling, In re Marriage Cases, which followed the short-lived 2004 same-sex weddings controversy and found the previous ban on same-sex marriage unconstitutional. Proposition 8 was ultimately ruled unconstitutional by a federal court in 2010, although the court decision did not go into effect until June 26, 2013, following the conclusion of proponents' appeals.

November 2008 California elections

The California state elections, November 2008 were held on November 4, 2008 throughout California. Among the elections taking place were those for the office of President of the United States, all the seats of California's delegation to the House of Representatives, all of the seats of the State Assembly, and all of the odd-numbered seats of the State Senate. Twelve propositions also appeared on the ballot. Numerous local elections also took place throughout the state.

Florida Amendment 2 is an amendment made to the Constitution of Florida in 2008. It added Article I, Section 27 to the constitution, which defines marriage as a union only between one man and one woman, and thus bans the creation of similar unions, such as civil unions or same-sex marriage.

2008 California Proposition 11

Proposition 11 of 2008 was a law enacted by California voters that placed the power to draw electoral boundaries for State Assembly and State Senate districts in a Citizens Redistricting Commission, as opposed to the State Legislature. To do this the Act amended both the Constitution of California and the Government Code. The law was proposed by means of the initiative process and was put to voters as part of the November 4, 2008 state elections. In 2010, voters passed Proposition 20 which extended the Citizen Redistricting Commission's power to draw electoral boundaries to include U.S. House seats as well.

Same-sex marriage is fully legal and recognized in the U.S. state of Minnesota. Same-sex marriages have been recognized if performed in other jurisdictions since July 1, 2013, and the state began issuing marriage licenses to same-sex couples on August 1, 2013. After 52.6% of state voters rejected a constitutional amendment to ban same-sex marriage in November 2012, the Minnesota Legislature passed a same-sex marriage bill in May 2013, which Governor Mark Dayton signed on May 14, 2013. Minnesota was the second state in the Midwest, after Iowa, to legalize marriage between same-sex couples and the first in the region to do so by enacting legislation rather than by court order. Minnesota was the first state to reject a constitutional amendment banning same-sex marriage, though Arizona rejected one in 2006 that banned all legal recognition and later approved one banning only marriage.

2009 California Proposition 1F

Proposition 1F of 2009 was a measure approved by California voters relating to the salaries of state officers. It was an amendment of the Constitution of California prohibiting pay raises for members of the State Legislature, the Governor, and other state officials during deficit years. It was proposed by the legislature and approved in a referendum held as part of the May 19, 2009 special election ballot, in which the California electorate also voted on five other propositions.

Same-sex marriage has been legally recognized in the U.S. state of Arizona since October 17, 2014. The state had denied marriage rights to same-sex couples by statute since 1996 and by an amendment to its State Constitution approved by voters in 2008. Two lawsuits in federal court that challenged the state's policies ended with a decision that the ban was unconstitutional and the state did not appeal that ruling.

November 2012 California elections

The California state elections was held on Election Day, November 6, 2012. On the ballot were eleven propositions, various parties' nominees for the United States presidency, the Class I Senator to the United States Senate, all of California's seats to the House of Representatives, all of the seats of the State Assembly, and all odd-numbered seats of the State Senate.

References

  1. "Senate Concurrent Resolution 1042". 2008-08-26.
  2. McKinley, Jesse (October 29, 2008). "Same-Sex Marriage on the Ballot in Arizona, a Second Time". The New York Times .
  3. Westfall, Julie. "Arizona and Wyoming gay marriage bans struck down". LATimes.com. Los Angeles times. Retrieved 2 December 2014.
  4. "Voters to be told gay vows already banned". The Arizona Daily Star. 2008-08-27. Archived from the original on 1 September 2008. Retrieved 2008-09-01.
  5. "Arizona Revised Statutes 25–101". 2008-08-26.
  6. "Political Committees, Arizona Ballot Measure". 2008-08-26. Archived from the original on 2011-05-18.
  7. Walkup, Bob; Walkup, Beth. "Publicity Pamphlet Argument" Vote NO on Proposition 102, October 22, 2008.
  8. "State senator faces ethics probe in same-sex marriage debate". Tucson Citizen. 2008-07-29. Retrieved 2008-09-01.
  9. "Ethics Committee to question Harper in microphone flap". East Valley Tribune. 2008-07-28. Archived from the original on 21 September 2008. Retrieved 2008-09-17.
  10. "Panel dismisses complaint against Ariz. senator". Associated Press. 2008-08-13. Retrieved 2008-09-17.[ dead link ]
  11. "STATE OF ARIZONA OFFICIAL CANVASS: 2008 General Election – November 4, 2008" (PDF). Secretary of State of Arizona. 2008-12-01. Archived from the original (PDF) on 19 December 2008. Retrieved 2008-12-13.
  12. "Arizona Secretary of State: 2008 general election – Ballot measures". Archived from the original on 2011-11-01. Retrieved 2010-04-20.