California’s first law defining marriage was ruled unconstitutional in 2005 (http://bit.ly/auzafB). In response, marriage defenders mounted a campaign to place Prop 8 on the ballot. The measure passed with more than 52% of the vote in 2008 and amended California’s constitution to define marriage as between a man and a woman.
Contrary to popular opinion, the measure did not ban gay marriage. It preserved marriage as it always had been throughout history as between a man and a woman. Homosexuals could still marry provided they married a person of the opposite sex. They had exactly the same rights to marriage as anyone else. Since California’s constitution was amended to define marriage as between a man and a woman, the law was constitutional with respect to the California constitution.
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