|| Election 2008 ||
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Yes Takes No: The Firestorm Over Prop 8

We thought we were winning. Until a few days ago, California’s proposed anti-gay constitutional amendment, Proposition 8, was lagging in the polls. Now they're ahead. What happened? Money, an effective ad campaign, and a passionate voter base willing to stop at nothing to get their point across: In their minds, gay marriage is simply wrong.  


We thought we were winning. But no. 

Until a few days ago, California’s proposed anti-gay constitutional amendment, Proposition 8, was lagging in the polls. Now we’re the underdog. What happened? 

No on 8 campaign leaders convened an emergency conference call with LGBT reporters on Tuesday to get the word out: Prop 8 is now ahead by four points, and if we want to win on election day, we need to flood the No on 8 campaign with money.

“We’re being very badly outspent,” said pollster Celinda Lake, who joined campaign consultant Steve Smith and Equality California’s Geoff Kors on the call. Lake attributed Prop 8’s new hot streak to a biting TV ad that premiered last week -- and to the massive media buy for that ad made possible in part by the deep pockets of the Mormon Church. “Polling tells us that their ad is really breaking through... it’s not just a base ad. It’s convincing to voters across the broad spectrum,” she said.

“It’s gonna happen, whether you like it or not!” rasps San Francisco mayor Gavin Newsom like a leering carnival barker in the pro-8 television spot. After that, a Prop 8 spokesman ticks off a list of dire consequences that California will suffer if Prop 8 goes down to defeat: “People sued over personal beliefs! Churches could lose their tax exemptions! Gay marriage taught in public schools!”  

The ad’s histrionics would be funny. Except that so many voters seem to agree. 

Talk with Prop 8 supporters and their anger is startling, even shocking. 

All that emotion was front and center at a joint informational hearing held October 2 in Los Angeles by the state senate judiciary committee. Among the 200-odd attendees, the Yes on 8 contingent was slightly outnumbered. But they exemplified the outrage fueling the pro-8 campaign.

This Prop 8 hearing was routine.  Every California ballot initiative must go through a similar public hearing on its way to election day. The panel, chaired by Sen. Ellen Corbett, comprised several senators and assembly members quizzing witnesses on both sides of the issue.

Berkeley law professor Goodwin Liu drew smiles as he addressed the accusation that, by deciding in favor of marriage equality, California’s supreme court justices crossed the line and became activist judges. 

“Judicial activism,” Liu pointed out, “is used by all sides as shorthand for any decision they don’t like.” Asked if the court overturned the will of the people, Liu thought not, arguing that -- thanks to huge progress since anti-gay Prop 22 became law in 2000 -- the decision to overturn Prop 22 could be described as “majoritatian.”

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Reader Comments
  • Name: lionel
    Date posted: 11/12/2008 10:54:00 PM
    Hometown: los angeles

    Comment:

    It is as much a civil rights issue as polygamy, or incestuous marriage are civil rights issues. To a majority of Californians, religious values trump everything else. That is why 70% of Blacks voted YES. They obviously did not view it as a civil rights issue, and they of all groups should know a civil rights issue when they see one. The Bible says that homosexuality is an abomination. Seperation of church and state ONLY APPLIES TO CONGRESS, not to voters. A voter can cast a vote based on any reason, whether religious or secular. And as long as people read the Bible, never again will there be gay marriage in California. Remember: it's an abomination.

  • Name: Luanne Casli
    Date posted: 11/7/2008 12:10:00 PM
    Hometown: Kalamazoo

    Comment:

    Both Florida and California voted Blue and to amend their state constitutions to prevent us from getting married. Does anyone think that everyone who voted for Obama/Bidden took to heart their statements that they would not want to pass gay marriage? Oh, sure, they are much nicer about it than the Red team but the effect is the same. I'll vote for Obama and against gay marriage cuz he won't back it. Oh, yeah they both say states can if they choose to but they don't think it is a federal issue. I couldn't have votged any other way and I am counting on the new administration to work for the better of the county but this still hurts. Some hope eh? BTW. I could be alittle bitter - My wedding date was to be November 22., At 2:00. My whole family is flying in to California with us.

  • Name: james
    Date posted: 11/4/2008 6:20:00 PM
    Hometown: anaheim

    Comment:

    The Mormons and Religious Political fanatics would have best used the money and energy to take rights away from minorities to feed the hungry. Instead they are preoccupied with what has become a downright OBSESSION for many churches. Why do they want to do this? Remember that this is a CIVIL RIGHTS issue

  • Name: lionel
    Date posted: 10/31/2008 7:25:00 AM
    Hometown: Los Angeles

    Comment:

    I don't want my priest sued for preaching about Sodom & Gomorrah, or Leviticus, or Romans (happened in Canada). I don't want gays suing my church to marry them (happened in NJ). The opposition ads say it won't happen in CA, but I don't think the gays will be able to control their newfound power. Black Catholic Democrat STOP GAY MARRIAGE NOW! YES ON 8!

  • Name: lionel
    Date posted: 10/31/2008 7:24:00 AM
    Hometown: Los Angeles

    Comment:

    I don't want my priest sued for preaching about Sodom & Gomorrah, or Leviticus, or Romans (happened in Canada). I don't want gays suing my church to marry them (happened in NJ). The opposition ads say it won't happen in CA, but I don't think the gays will be able to control their newfound power. Black Catholic Democrat STOP GAY MARRIAGE NOW! YES ON 8!

  • Name: Rich
    Date posted: 10/28/2008 6:36:00 PM
    Hometown: Glendora, CA

    Comment:

    While it is true there are many issues we are dealing with in the upcoming election, Prop. 8 is just as important as any other measure out there. The destruction and degradation of the God given definition of marriage and family plays a much bigger role in the perils we face than most people care to think about. This issue isn't about discriminating against gays and lesbians, or becoming tolerant. I love these people just as much as I love anyone else, but I won't lie down and let them change the word of God. This issue is about preserving the definition of marriage God has given from the foundation of the world. We as a country and a world are on a slippery slope, and the destructive events we are surrounded by are of no coincidence. Let's let God define what marriage is, and for those who disagree, let's respectfully reach out in love and understanding to them as best we can, without compromising what we believe.

  • Name: Steve
    Date posted: 10/28/2008 5:21:00 PM
    Hometown: Huntington Beach

    Comment:

    Let me state that I am a married man with 2 school age children, and I don't belong to a religious group, nor do I belong to any homosexual rights groups. I have weighed the arguments both for and against 8, and I have come to this conclusion: Proposition 8 is not about religious rights, protecting children, or protecting "marriage" itself. Proposition 8 is about limiting the availability of the civil instrument of marriage (and all of the benefits afforded as such) to "committed" heterosexual couples, and restricting them from homosexual couples. When you remove the ideological concept that claims that marriage should only be between a man and a woman from the equation and then look at how the government grants rights to one couple because it is heterosexual, then denies those same rights to a homosexual couple, it is DISCRIMINATION plain and simple!

  • Name: Mark
    Date posted: 10/26/2008 11:45:00 PM
    Hometown: RSM

    Comment:

    Geoff Kors and Steve Smith need to explain how this happened. Excuses won't work. It they didn't see the sudden influx of cash as a possibility and weren't prepared for it then they were asleep at the wheel. These men are not volunteers, nor are they poorly paid. They are the CEO and COO of No on Prop 8. I have donated thousands of dollars to EQCA. I'm not seeing the ROI.

  • Name: Berkeley Law
    Date posted: 10/26/2008 7:40:00 PM
    Hometown: Oakland

    Comment:

    Good for Professor Liu for pointing out the idiocy of the "activist judges" claim. I'm so glad you were my Constitutional Law professor!

  • Name: Ron
    Date posted: 10/23/2008 12:26:00 PM
    Hometown: Modesto

    Comment:

    Marriage is between two people who love each other. Not just a man and a woman. And saying that this will affect children in a bad way is pure deceit on the part of pro-supporters. Lets hear it for good religious values – lies and deceit. If you want an example of how bad it will be after gays are allowed to marry take a look at Canada which allows gay marriage. I don't see any drastic changes there. Interesting no? These religious bigots are the same ones who were screaming about mixed racial marriage not too long ago. Also, I think they should consider the fact that we really want is government recognition which is only fair. Prop 8 supporters seem to think we’re attacking their faith and churches. Not! Prop 8 is the removal of a right and is discrimination pure and simple. I say kill it. I have no doubt that we will eventually win with marriage for all but I’m hoping to see it sooner than later.

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