Arizona Marriage Protection, Proposition 102 (2008)

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Arizona Proposition 102, known by its supporters as the Marriage Protection Amendment, was on the November 4, 2008 ballot in Arizona as a legislatively-referred constitutional amendment. It was approved.

It amended the Arizona Constitution to define marriage as between one man and one woman.


Same-sex marriage was already prohibited in Arizona, and Arizona courts had upheld that ban. Proponents argued that a constitutional amendment provided a higher legal level of protection for their preferences about same-sex marriage than does a statute. In particular, that a constitutional amendment would withstand judicial scrutiny better than a statute.

Arizona was the only state whose voters have rejected a same-sex marriage ban. The 2006 rejection of Proposition 107 was widely attributed to provisions interpreted to prohibit government recognition of domestic partnerships and civil unions.[1]

Twenty-six states had constitutional amendments that bar the recognition of same-sex marriage at the time of Proposition 102.

Aftermath

On October 17, 2014, a federal judge ruled Arizona's ban on same-sex marriage unconstitutional. Shortly thereafter, Attorney General Tom Horne announced that he would not appeal the decision, and same-sex marriages officially became legal in the state. Attorney General Horne also instructed all county clerks to begin issuing marriage licenses to same-sex couples.[2]

Election results

Arizona Marriage Protection
OverturnedotOverturned Case:Connolly v. Jeanes and Majors v. Horne 
ResultVotesPercentage
Yes 1,258,355 56.2%
No980,75343.8%

Results according to the Arizona Secretary of State.[3]

Text of measure

Short title

The official short title of Proposition 102 was:

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARIZONA; AMENDING THE CONSTITUTION OF ARIZONA BY ADDING ARTICLE XXX; RELATING TO MARRIAGE.[4][5]

Full text

The full text of the legislation enacted by Proposition 102 is available here.


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Supporters

Senate President Tim Bee, R-Tucson, and fifteen other Republican state Senators sponsored the bill in the state legislature to put Proposition 102 on the ballot. House Speaker Jim Weiers and 30 other members of the House proposed an identical bill. The group Yes for Marriage subsequently became the official campaign organization in favor of the ballot initiative.

Supporters included:

  • Tim Bee, R-Tucson
  • Jim Weiers
  • Center for Arizona Policy
  • John McCain

Donors to Yes on 102 campaign

Through October 22, about $7.6 million had been raised by financial donors to the "Yes on 102" campaign. This was approximately 17 times the amount that opponents had raised.[6][7][8]

Some of the larger donors to the campaign included:

  • Wilford and Kathleen Andersen, Mesa, $100,000
  • LeSueur Family Trust, Mesa, $100,000
  • TTEE's Wagner Family Trust, Peoria, $100,000
  • Jeff and Holly Whiteman, Mesa, $100,000
  • Derek and Danielle Wright, Peoria, $100,000
  • Pete King Corporation, Phoenix, $100,000
  • Crisis Pregnancy Centers of Greater Phoenix, $100,000

In December, Dan Frazier, who describes himself as a "gay rights supporter," filed a complaint against the "Yes for Marriage" committee with the Arizona Secretary of State on the grounds that when the campaign filed its mandatory financial disclosure forms throughout the campaign, it listed an occupation for only about one out of five of its donors. Election official Joe Kanefield, acting on the complaint, sent a letter to the "Yes for Marriage" campaign. The campaign provided Kanefield with "several hundred pages of affidavits saying the information had been requested from the donors." Kanefield said that this satisfied the legal requirements.[9]

Supporting arguments

Supporters made the following general claims in support of the amendment:

  • In May, 2008 California judges voted to redefine marriage.
  • On October 10, 2008 Connecticut judges also voted to redefine marriage.
  • The same thing can happen here.
  • A “YES” vote prevents judges and politicians from redefining marriage and leaves marriage’s essential meaning in the hands of the people of Arizona.

"Yes on 102" campaign video

Opposition

According to Barbara McCullogh Jones, Executive Director of Equality Arizona, "No one can deny this bill was nothing more than a referendum on the LGBT community – a political fundraiser to fuel the anti-gay industry in Arizona."

The website Vote No On Prop 102 has been created to oppose the ballot amendment.

Opponents of Proposition 102 included:[10]

  • Rep. Kyrsten Sinema, D-Phoenix
  • Grace St. Paul's Episcopal Church
  • Congregation M'kor Hayim
  • Mosaic United Methodist Church
  • St. Francis in the Foothills United Methodist Church

Opposing Arguments

Opponents made the following general claims against the amendment:

  • Voters already rejected this amendment in 2006.
  • Lawmakers should trust and respect the will of the voters.[11]
  • Arizona has more important issues to address.[12]
  • Propositions like 102 do not protect the sanctity of marriage, but do amount to an undue involvement of government in people's private decisions.[13]

"No on 102" campaign video

Polls

See also Polls, 2008 ballot measures.

A statewide telephone poll of 976 registered voters was conducted by the Walter Cronkite School of Journalism and Mass Communication at Arizona State University and Eight/KAET-TV.[14]

The poll found:

Month of Poll In Favor Opposed Undecided
Sept 2008 49 percent 42 percent 9 percent

Path to the ballot

In the final hours of the state legislative session in late June, state senators voted to place the measure on the November 2008 ballot.[15]

Investigation of debate conduct

On July 27, the Ethics Committee of the Arizona Senate voted 3-2 on Monday to formally investigate a complaint filed by state senator Ken Cheuvront, D-Phoenix, that Republican Sen. Jack Harper broke Senate rules on June 27, the last day of the 2008 legislative session, when he ended the filibuster tactics of other state senators seeking to postpone or prevent the vote to put Prop. 102 on the ballot.

The complaint accused Harper of "abruptly" transferring the right to speak from one of the senators participating in the filibuster to a supporter of Prop. 102.[16]

The Senate Ethics Committee voted along party lines 3-2, to dismiss the complaint on August 12, 2008.

Related measures

Voters in 30 states have approved legislatively-referred constitutional amendments or initiated constitutional amendments prohibiting same-sex marriages at the ballot box. The first constitutional prohibition was in 1998, and the latest one occurred in May 2012. Most of these amendments define marriage along the lines of a "union of one male and one female."

Overturned

The following constitutional bans were approved by voters, but later overturned by courts:

Note: Florida's repeal will go into effect on January 5, 2015.

Appealed

Cases overturning the following bans have been appealed to higher courts and are currently stayed:

Approved

The following constitutional bans were approved by voters and have been upheld or not overturned by courts:

Defeated

The following constitutional bans were defeated by voters:

Note: Arizonans defeated a measure in 2006, but approved one in 2008, which has been overturned.


See also

External links

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Basic information

Supporters

Opponents

References