2008 Arizona Proposition 102

Referendum to ban same-sex marriage February 2026 September 2023 Arizona Proposition 102http://www.azsos.gov/election/2008/General/Canvass2008GE.pdf State of Arizona Official Canvass: 2008 General Election – November 4, 2008 2008-12-01 2008-12-13 Secretary of State of Arizona https://web.archive.org/web/20081219172036/http://www.azsos.gov/election/2008/General/Canvass2008GE.pdf 19 December 2008 dead Marriage Protection AmendmentAmends the Arizona Constitution to define marriage between one man and one woman. Arizona 1,258,355 980,753 2,320,851 2,987,451 74.95 File:2008 Arizona Proposition 102 results map by county.svg county County results Yes #47729E 70–80% 1px #AAAAAA solid #7D9CBB 60–70% 1px #AAAAAA solid #B6C8D9 50–60% 1px #AAAAAA solid No #DEDEBD 50–60% 1px #AAAAAA solid Sources:2008 General Election - November 4, 2008 Arizona November 4, 2008 Arizona Proposition 102 was an amendment to the constitution of the U.S. 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."https://www.azleg.gov/viewDocument/?docName=http://www.azleg.gov/const/30/1.htm Senate Concurrent Resolution 1042 2008-08-26 The amendment added a constitutional ban on same-sex marriage to existing statutory bans in place since 1996.Same-Sex Marriage on the Ballot in Arizona, a Second Time Jesse McKinley October 29, 2008 The New York Times https://www.nytimes.com/2008/10/30/us/politics/30marriage.html?_r=0 In October 2014, Article 30 of the Arizona Constitution was struck down as federally unconstitutional in the United States District Court for the District of Arizona, and is no longer enforced by the state of Arizona, which subsequently allows and recognizes same-sex marriages.Westfall Julie Arizona and Wyoming gay marriage bans struck down http://www.latimes.com/nation/nationnow/la-na-nn-arizonas-gay-marriage-ban-struck-down-20141017-story.html Los Angeles Times 17 October 2014 2 December 2014 Despite the court ruling, Article 30 remains in the state's constitution, and on the Arizona State Legislature's website there is no indication that Article 30 of the constitution was struck down or otherwise rendered inoperative.Article XXX: Marriage https://www.azleg.gov/viewDocument/?docName=http://www.azleg.gov/const/30/1.htm Arizona State Legislature August 23, 2021 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.http://www.azstarnet.com/allheadlines/254755 Voters to be told gay vows already banned 2008-08-27 The Arizona Daily Star 2008-09-01 https://web.archive.org/web/20080901021231/http://www.azstarnet.com/allheadlines/254755 1 September 2008 live 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. 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.http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00101.htm&Title=25&DocType=ARS Arizona Revised Statutes 25–101 2008-08-26 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:http://www.azsos.gov/cfs/CommitteeSearchResults.aspx Political Committees, Arizona Ballot Measure 2008-08-26 dead https://web.archive.org/web/20110518205750/http://www.azsos.gov/cfs/CommitteeSearchResults.aspx 2011-05-18 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.Walkup, Bob; Walkup, Beth. "Publicity Pamphlet Argument" Vote NO on Proposition 102, October 22, 2008. 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.http://www.tucsoncitizen.com/daily/local/92134.php State senator faces ethics probe in same-sex marriage debate 2008-07-29 Tucson Citizen 2008-09-01 Despite the fact that Harper admitted to cutting off the microphones intentionally,http://www.eastvalleytribune.com/story/121807 Ethics Committee to question Harper in microphone flap 2008-07-28 East Valley Tribune 2008-09-17 https://web.archive.org/web/20080921045131/http://www.eastvalleytribune.com/story/121807 21 September 2008 dead a Senate ethics committee consisting of three Republicans and two Democrats voted 3–2, along strict party lines, to dismiss the charges.https://azcapitoltimes.com/news/2008/07/28/ethics-panel-votes-to-investigate-harper/ Ethics panel votes to investigate Harper July 28, 2008 Arizona Capitol Times March 8, 2021 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 102http://www.azsos.gov/election/2008/General/Canvass2008GE.pdf State of Arizona Official Canvass: 2008 General Election – November 4, 2008 2008-12-01 2008-12-13 Secretary of State of Arizona https://web.archive.org/web/20081219172036/http://www.azsos.gov/election/2008/General/Canvass2008GE.pdf 19 December 2008 dead 1258355 980753 By county Countyhttp://www.azsos.gov/results/2008/general/BM102.htm Arizona Secretary of State: 2008 general election – Ballot measures 2010-04-20 dead https://web.archive.org/web/20111101120208/http://www.azsos.gov/results/2008/general/BM102.htm 2011-11-01 Yes (%) Yes (#) No (%) No (#) Apache 76% 18,044 23% 5,405 Cochise 63% 30,492 37% 17,582 Coconino 50% 26,845 49% 26,264 Gila 68% 14,443 32% 6,884 Graham 80% 9,406 20% 2,352 Greenlee 73% 2,024 27% 744 La Paz 66% 3,524 34% 1,785 Maricopa 55% 741,797 45% 595,077 Mohave 66% 43,258 34% 21,861 Navajo 75% 25,317 25% 8,460 Pima 49% 188,942 51% 195,148 Pinal 61% 62,425 39% 39,457 Santa Cruz 52% 6,412 48% 5,902 Yavapai 61% 59,497 39% 38,546 Yuma 63% 25,929 37% 15,286 Total 56.2% 1,258,355 43.8% 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. Effects The amendment, which took effect on December 1, 2008, constitutionally banned same-sex marriages, which were never recognized by the state and were statutorily banned since 1975. Arizona became the 29th US state to ban same-sex marriage in its constitution. This preempted the state judiciary from requiring the state to legally recognize same-sex marriages and preempted the Arizona State Legislature from enacting a statute legalizing same-sex marriages. Pre-decision opinion polls Date of opinion pollConducted bySample sizeIn favorAgainstUndecidedMarginMargin of ErrorSource September 25 – 28, 2008 KAET-TV and Arizona State University 976 registered voters 49% left 42% 9% 7% pro ±3% Ariz. anti-gay marriage groups seek redemption Prior to May 15, 2008 ? ? 49% left 40% 11% 9% pro ? Life, Death, and Chicken Cages, Christianity Today, October 20, 2008 See also Arizona Proposition 107 (2006) List of Arizona Ballot Propositions LGBT rights in Arizona References External links YESforMarriage.com (Yes on Prop 102) Arizona Together (No on Prop 102) Arizona Proposition 102 (2008) – Ballotpedia The Money Behind the 2008 Same-Sex Partnership Ballot Measures – The National Institute On Money In State Politics Category:2008 Arizona elections Category:2008 ballot measures in the United States Category:Arizona ballot measures Category:LGBTQ in Arizona Category:U.S. state constitutional amendments banning same-sex unions Category:2008 in LGBTQ history Category:Same-sex marriage ballot measures in the United States