The reviewer also states that, "The specter of Mormon money raised in the film seems like a latter-day version of older fears about Jewish financiers controlling the American economy and government. [43], The pro- and anti-Prop 8 campaigns spent a combined $106 million on the campaign. on Equality' submitted a ballot initiative dubbed "California Marriage Equality Act" to the Attorney General's office, requesting a title and summary. 8 gift gets theater's leader in a ruckus", "Prop. All six Episcopal diocesan bishops in California jointly issued a statement opposing Proposition 8 on September 10, 2008. [1] The film focuses on the wealth and power of The Church of Jesus Christ of Latter-day Saints (LDS Church), and how the Church uses the National Organization for Marriage to advocate for denial of rights to lesbian, gay, bisexual, and transgender (LGBT) Americans. [219], Richard Raddon, Director of the Los Angeles Film Festival, also resigned due to boycotts by the gay community. 8, allows gay marriage in California", "Hollingsworth et al. The Ninth Circuit Court of Appeals considered the question of standing first. "[243] On July 15, 2009, District Judge Carter dismissed the part of Smelt that challenged Proposition 8, finding that the fact that the plaintiffs were already legally married in California meant they had no standing to challenge Proposition 8. 8's passage", "Liberal Hollywood ponders next step in fight for same-sex marriage", "Gay Activists Boycott Backers of Prop 8", "Gay rights groups to boycott Manchester Grand Hyatt", "Prop 8 Threat: Fresno Police close to Arrest", "Radical Gay Activist Group Plans More Disruptions", "Why Prop. The Ninth Court's ruling was subsequently vacated (withdrawn) although it affirmed the district court ruling, since the Supreme Court later determined that the proponents of Proposition 8 had not had standing to appeal the district court's ruling. [255] Walker lifted the stay on August 12, 2010, thus allowing same-sex marriages to be performed as of August 18, 2010[256], On August 16, 2010, the United States Court of Appeals for the Ninth Circuit imposed a stay of all new same-sex marriages in the State of California. [281][282], The dissenting judge, Judge N. Randy Smith, noted in his dissent that states do legitimately prohibit sexual relationships condemned by society such as incest, bigamy, and bestiality, and impose age limits for marriage without violating constitutional rights. [105][106] The U.S. House Speaker, California Representative (8th District), Nancy Pelosi[107] along with other members of the California congressional delegation and both of California's U.S. senators, Dianne Feinstein and Barbara Boxer, voiced their opposition to Proposition 8. In 2011, 8, a play re-enacting the proceedings of Perry v. Brown in a condensed manner of documentary theatre, was premiered on Broadway. [39], On July 22, 2008, Proposition 8 supporters mounted a legal challenge to the revised ballot title and summary, contending that Attorney General Brown inserted "language [...] so inflammatory that it will unduly prejudice voters against the measure". (Justice Carlos R. Moreno dissented that exceptions to the equal protection clause could not be made by any majority since its whole purpose was to protect minorities against the will of a majority.). [283] He urged judicial restraint, that the justices should refrain from striking down Proposition 8. It also claims that many homeless people in Utah are LGBT teens who were abandoned by their Mormon parents. Because this means that the Californian government will not defend the law in court,[251] the proponents of Proposition 8's campaign were granted the right to intervene as defendants. Many 'No on 8' videos recorded demonstrations in the aftermath of the election. [240], Later legislation clarified that same-sex couples who married out-of-state within the window of legality would also retain their legal marriage rights. The California Supreme Court ruled unanimously on May 26, 2009, that the approximately 18,000 same-sex marriages that had occurred prior to Proposition 8's passage would still be valid and must continue to be recognized in the state, since the amendment does not state explicitly that it would nullify the same-sex marriages performed before it took effect. These included protests outside the LDS Church's Los Angeles California Temple in Westwood, Los Angeles;[202] a march through Hollywood that blocked traffic and elicited police intervention;[203] a candlelight vigil in front of the Sacramento Gay and Lesbian Center and a large demonstration in front of the state capitol. The first two-thirds tells the history of Proposition 8; the final third is a wrenching exploration of the effects on gay Mormons of the church’s strict taboo on homosexuality." [301], "Proposition 8" redirects here. Third Hour Latter-day Saint articles, media, resources to share the gospel, and global LDS Mormon forum. A scorching indictment of the Mormon Church's historic involvement in the promotion & passage of California's Proposition 8 and the Mormon religion's secretive, … However, judging from the trailer and background material online, it appears that accuracy and truth are rare commodities in this film. Only marriage between a man and a woman is valid or recognized in California. The Court returned the case to the Ninth Circuit with instructions to dismiss the appeal. Republican presidential nominee and U.S. [191] According to the NGLTF study, self-identified Catholics and Protestants supported Prop 8 by measures of 55% and 66%, respectively,[192] while Jews overwhelmingly opposed it, with support at only 17%. The decision left the district court's 2010 ruling intact. Church spokesman Scott Trotter denied the charges, saying the church had "fully complied with the reporting requirements" and a "further report will be filed on or before [...the] due date, Jan. 30, 2009. [20], The Church of Jesus Christ of Latter-day Saints response. [9][10][11] On June 28, 2013, the Ninth Circuit, on remand, dismissed the appeal for lack of jurisdiction and dissolved their previous stay of the district court's ruling, enabling Governor Jerry Brown to order same-sex marriages to resume. Protesters wait at a police skirmish line before being allowed to proceed as hundreds demonstrated against the Mormon Church's support of Proposition 8, the … The challenge to the Defense of Marriage Act, however, remained intact. It states that LDS Church leader Thomas S. Monson asked to ensure the passage of the controversial California Proposition 8. [279] The findings of fact and expert witness testimony in District Court played an important role in this appellate decision, emphasizing that it is unreasonable to believe Proposition 8 was enacted to: promote childrearing by biological parents, encourage procreation, be cautious in social change, protect religious liberty, or control children's education. [214] On November 15, 2008, tens of thousands of people in cities around the United States participated in rallies to protest the passage of Proposition 8 and to promote the expansion of civil marriage to same-sex couples throughout the nation. He also said that governments have a legitimate interest in "a responsible procreation theory, justifying the inducement of marital recognition only for opposite-sex couples" because only they can have children. C059606)", "California marriage initiative sparks 'War of the Rings, "Record 17.3 million Californians registered to vote", "Proposition 8: Who gave in the gay marriage battle? [99] They also ran the NoOnProp8.com campaign. [91], The Grossmont Union High School District in San Diego County, California, publicly voted on a resolution endorsing Proposition 8. 8", Petition for Writ of Mandate, Order After Hearing, "Lawsuit filed to challenge California ballot's 'inflammatory' rewording of marriage amendment", "Gay marriage foes challenge ballot wording", "Request for judicial notice in support of opposition to petition for writ of mandate", "Judge refuses to order change in Prop. The Supreme Court issued a 5–4 decision on June 26, 2013. [131] The California Teachers Association donated one million dollars to fight Proposition 8. 8 should be struck down", "Judge sets January trial for Prop. Those margins with differences less than their margins of error are marked as "n.s. "[95] Some observers noted that polls shifted in favor of Proposition 8 following the release of the commercial; this, in turn, led to much speculation about Newsom's unwitting role in the passage of the amendment. "[11], Newsweek called the film "a messy and sometimes downright cheesy look at how the Mormon Church influenced the 2008 California ballot initiative outlawing gay marriage. On November 10, gay artists condemned Eckern and called for a boycott of California Musical Theatre. [160][161] Some LDS churches were vandalized with spray paint. [213] On November 12, 2008, more than 10,000 protesters gathered outside the Manhattan New York Temple to protest the support of The Church of Jesus Christ of Latter-day Saints for Proposition 8. [52] A ProtectMarriage.com spokeswoman estimated that 36 companies which had previously contributed to Equality California were targeted to receive a letter requesting similar donations to ProtectMarriage.com. 8 gay marriage ruling hits detour", "California Supreme Court to decide issue in same-sex marriage ban case", "California Supreme Court reenters Proposition 8 fray", "Yesterday's Hearing On Standing In The Prop 8 Case: Full Video, Reactions", "Prop 8: California Supreme Court Rules Sponsors Can Continue Case", "Court: Calif. gay-marriage ban unconstitutional", "Dissenting Prop. Schwarzenegger Issues Statement on Today's State Supreme Court Ruling", "Pelosi Statement on California State Supreme Court Ruling on Gay Marriage", "San Diego Mayor Stands Up For Marriage Equality", "California's top Episcopal bishops oppose gay marriage ban", "Southern California rabbi board opposes gay marriage ban", "Speaking out for love, justice and the freedom to marry", "BRIEF OF AMICI CURIAE ANTI-DEFAMATION LEAGUE ET AL. As the State of California chose not to appeal the ruling, an appeal was sought by two parties—the initiative proponents, and Imperial County (via its deputy clerk). ", "California Same-Sex Marriage Initiative Campaigns Shatter Spending Records", "Proposition 8 proponents and foes raise $60 million", "Letter addressed to Abbott and Associates", "Calif. gay marriage ban backers target businesses", "Threatening Letters Spark New Prop 8 Controversy", "Mormon Church to be fined by state political commission over Proposition 8", "ProtectMarriage.com "Get a Yard Sign"—the official "Yes on 8" sign", "California General Election Tuesday November 4 Voter Information Guide", "McCain Supports Efforts to Ban Gay Marriage", "Stop Imperial Judges...Support Proposition 8", "Romney under fire for PAC donation to anti-gay marriage group", "Proposition 8 to Protect Marriage Receives $1 Million Donation from the Knights of Columbus Catholic Organization", "A Statement of the Catholic Bishops of California in Support of Proposition 8", "To Pass Measure, Catholics and Mormons Allied", Salvatore Cordileone, Gay Marriage Opponent And Prop. On February 7, 2012, the Ninth Circuit Court of Appeals, in a 2–1 decision, reached the same conclusion as the district court, but on narrower grounds. 8 backers seek full review by appeals court", "Prop 8: California gay marriage ban struck down by federal appeals court", "California's Proposition 8 case headed to U.S. Supreme Court", "Supreme Court will hear two gay marriage cases | The Ticket", "Understanding standing: The Court's Article III questions in the same-sex marriage cases (I)", "Supreme Court strikes down part of DOMA, dismisses Prop. this is madness. "[2][3], When The Washington Post requested comment, the LDS Church forwarded its official statement that said in part,[4]. [11] Because no injury had been shown, the appeal to the Ninth Circuit should have been dismissed for lack of jurisdiction. "[197] The counties of Los Angeles, San Francisco, Yolo, Kern, Santa Barbara, San Luis Obispo, Sonoma, San Diego, San Bernardino, Sacramento, and Tuolumne stopped issuing marriage licenses to same-sex couples the day after the election. [31] As a general rule, it is improper for courts to adjudicate pre-election challenges to a measure's substantive validity. In addition, the California Council of Churches urged the "immediate removal of Proposition 8"—saying that it infringes on the freedom of religion for churches who wish to bless same-sex unions. In considering the cases within the state courts, on November 13, 2008, the California Supreme Court asked California Attorney General Jerry Brown for an opinion on whether the Court should accept these cases for review and whether the measure should be suspended while they decide the case. 8. [120] Additionally, all but two of the National Association for the Advancement of Colored People's local chapters in California and NAACP national chairman Julian Bond and President Benjamin Jealous opposed Proposition 8. To address the question whether the initiative proponents had particularized standing (that is, standing either via personal interest, or standing to represent the State's interest), the Ninth Circuit certified a question to the California Supreme Court on January 4, 2011, asking that court to rule whether, under the California Constitution or otherwise under California law, non-governmental proponents of an initiative have standing to appeal when the State is no longer willing to defend it. 8 seems determined to reach the next generation of confused Mormon teens, touching on everything from sexual identity-related suicides and homelessness to punishing attempts at curing homosexual urges. 8: The Mormon Proposition is an American documentary that examines The Church of Jesus Christ of Latter-day Saints and its support of California Proposition 8, stating that the church has been actively involved in the denial of LGBT human rights. "[231], In a report filed with the California Secretary of State's office January 30, 2009, the LDS Church reported its non-monetary expenditures as $189,903.58. [132] Chancellor Robert Birgeneau of UC Berkeley urged a vote against the measure, claiming a likely threat to California's academic competitiveness if Proposition 8 is passed. Yes! [292] Oral arguments were heard on March 26, 2013. The Ninth Circuit affirmed the federal district court's decision on February 7, 2012,[23] but the stay remained in place as appeals continued to the U.S. Supreme Court,[24] which heard oral arguments in the appeal Hollingsworth v. Perry on March 26, 2013. For other uses, see, For the Proposition 8 on the November 2018 ballot, see, Ballot proposition and state constitutional amendment passed in November 2008, This measure shall be known and may be cited as the "California Marriage Protection Act.". ; the Center for Constitutional Jurisprudence; the Public Advocate of the United States, et al. For a year she’s been here Her ears as high as a. The court ruled that it was unconstitutional for California to grant marriage rights to same-sex couples, only to take them away shortly after. 8 flap, resigns", "L.A. Film Festival director Richard Raddon resigns", "What Happens If You're on Gay Rights' 'Enemies List, "Lawmaker: Don't Blame Blacks for Proposition 8", "Gay marriage a gift to California’s economy", "Star-studded Web video protests Prop 8 – Spoof musical's blockbuster cast includes Jack Black as Jesus", "Webby Nominees: 13th Annual Webby Awards Nominees & Winners", "Shaiman's 'PROP 8-THE MUSICAL' Wins GLAAD Award Honors", "LDS Church donates to pro-Prop. [40] Representatives of the attorney general produced twelve examples of ballot measures using the word "eliminates" and vouched for the neutrality and accuracy of the ballot language. However, on August 16, 2010, the United States Court of Appeals for the Ninth Circuit indefinitely extended the District Court's stay, stopping new same-sex marriages in the state of California pending appeal. Brad Pitt and Steven Spielberg each donated different amounts of money to the opposition campaign "No on 8". [257] Before the appeal trial begins, there will be a December 6, 2010[needs update] hearing on who has legal standing to appeal the District Court's decision and whether the proposition violates equal protection rights. 8 Creator, Named Archbishop Of San Francisco, Nancy Pelosi urges S.F. 8", "70% of African Americans backed Prop. after In re Marriage Cases but before Proposition 8). 8: Supreme Court clears way for gay marriage in California. [75] The church produced and broadcast to its congregations a program describing the support of the Proposition, and describing the timeline it proposes for what it describes as grassroots efforts to support the Proposition. [63] A political action committee run by former Massachusetts governor Mitt Romney, who personally supported the proposition, donated $10,000 to the National Organization for Marriage during their campaign for the proposition. archbishop to exit marriage march, "LA Catholics react to Prop 8 decision; many Catholics strongly supported the proposition", "California Secretary of State – CalAccess – Campaign Finance", "LDS Donate Millions to Fight Gay Marriage", "Prop 8 supporters see surge in donations", "Church Readies Members on Proposition 8", "Preserving Traditional Marriage and Strengthening Families", "Preserving the Divine Institution of Marriage", "LDS donate millions to fight gay marriage", "Opponents of gay marriage ban ride wave of donations", "Mormons Tipped Scale in Ban on Gay Marriage", "Orthodox Join Fight Against Gay Nuptials", "Orthodox Christian Bishops of California in support of Proposition 8", "Christian Marriage Movement's Ground Zero", "California's ballot battle over gay marriage shows US cultural divide", "Resolution for the Endorsement of Proposition 8—The California Marriage Protection Act", "Asian group rallies for traditional marriage", "Newsom was central to same-sex marriage saga", Newsom seeks to get beyond Prop. [249] Governor Arnold Schwarzenegger took a more neutral path,[250] saying that he supported the lawsuit because the Proposition 8 conflict asks "important constitutional questions that require and warrant judicial determination." Although upheld in State court, Proposition 8 was ruled unconstitutional by the federal courts. [57], Both proponents and opponents of Proposition 8 made significant use of online tactics for campaigning. "[267] The court also stayed the ruling; the voter initiative was to remain in effect pending appeal. Those margins considered statistically significant are indicated with the percentage points and the side favored in the poll, as either "pro" for in favor of the proposition's passage (e.g., 1% pro), or "con" for against its passage (e.g., 1% con). SECTION 2. Opponents also argued that the petitions circulated to qualify the measure for the ballot inaccurately summarized its effect. 8 expenses", "Mormon church reveals deeper involvement in California's Proposition 8", "Church Clarifies Proposition 8 Filing, Corrects Erroneous News Reports", "Calif.'s Prop. v. Perry et al. LGBT rights groups published lists of donors to the Yes on 8 campaign and organized boycotts of individuals or organizations who had promoted or donated to it. Two petitions to this effect were filed with the California Supreme Court, by proponents (Hollingsworth v. O'Connell and Brown, July 12, 2013) and—against county policy—by a San Diego County Clerk (Dronenburg, July 19, 2013: dropped August 2 as duplicative). The film was written by Reed Cowan, directed by Cowan and Steven Greenstreet, and narrated by Dustin Lance Black. [248], California Attorney General, and former and later again Governor Jerry Brown backed the lawsuit, saying that Proposition 8 violates the U.S. Constitution and should be struck down. 2, Article 2, Page 11. Mormon institutions do not tend to be synonymous with progress or diversity. On August 4, 2010, U.S. District Chief Judge Vaughn Walker overturned Proposition 8, stating it is "...unconstitutional under the Due Process Clause because no compelling state interest justifies denying same-sex couples the fundamental right to marry. Alleging threats against their lives as well as other forms of harassment, the lawsuit also requested a preliminary injunction that ordered the California Secretary of State to remove information about donations posted on its website. 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