Arizona Proposition 102, Definition of Marriage Amendment (2008)

Arizona Proposition 102
Election date November 4, 2008
Topic Family-related policy and LGBTQ issues
Status Approved
Type Legislatively referred constitutional amendment	Origin State legislature

Arizona Proposition 102 was on the ballot as a legislatively referred constitutional amendment in Arizona on November 4, 2008. It was approved.

A "yes" vote supported defining marriage as between one man and one woman in the Arizona Constitution.

A "no" vote opposed defining marriage as between one man and one woman in the Arizona Constitution.

Election results

Arizona Proposition 102
Result		Votes	Percentage
Yes		1,258,355	56.20%
No		980,753	43.80%

Results are officially certified.

Source

Overview

What was this amendment designed to do?

This measure was designed to amend the constitution to provide that marriage would only be between a man and a woman.

Aftermath

U.S. Supreme Court

See also: Obergefell v. Hodges

On June 26, 2015, the United States Supreme Court ruled that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment of the United States Constitution in the case Obergefell v. Hodges. The ruling overturned bans on same-sex marriage.

Justice Anthony Kennedy authored the opinion and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito each authored a dissent.

Text of measure

Ballot title

The ballot title for Proposition 102 was as follows:

“

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARIZONA; AMENDING THE CONSTITUTION OF ARIZONA, BY ADDING ARTICLE 30; RELATING TO MARRIAGE.

”

Ballot summary

The ballot summary for this measure was:

“

DEFINES THAT ONLY A UNION OF ONE MAN AND ONE WOMAN SHALL BE VALID OR RECOGNIZED AS MARRIAGE IN THIS STATE.

”

Full Text

The full text of this measure is available here.

Support

Yes for Marriage led the campaign in support of the amendment.

Supporters

Organizations

• United Families International

Arguments

• State Sen. Sylvia Allen: "Since the beginning of recorded history the foundation and continuation of all societies has been the family; father, mother, and children. When the Pilgrims stepped off the Mayflower they were in family unites. Even the Native Americans formed their society around a father, mother and children. Over 1,049 federal laws in many categories, including Social Security, welfare, veterans, taxation, etc are based on the man-woman marriage relationship. Society has set up our laws to protect the children and to provide in the case of a spouse dying. All of that would change if same sex marriage gets its foot hold and demands are then placed upon government and businesses for benefits. Our already overburdened Social Security system could not survive. This is not about mere tolerance, allowing people their sexual preference and living with who they want, they can already do that, but same sex marriage is about forcing all within our society regardless of religious or traditional beliefs to accept radical changes which will have far reaching consequences. Consequences that change the very core of our society and how it functions. The loser will be the children who must endure the selfish desires of adults. Activist judges and a small percentage of Americans have forced the people to use the Constitution to protect marriage and all that it means to the continuation of our society. If ever the family is to be restored and protected it must start with the very definition of what marriage is."

Opposition

Arizona Together Opposed to Prop 102 and No on Prop 102 led the campaign opposing the amendment.

Opponents

Organizations

• ACLU of Arizona
• Arizona Advocacy Network
• Human Rights Campaign
• League of Women Voters of Arizona

Arguments

• Arizona National Organization for Women: "Since Arizona's statehood, the subject of marriage has been governed and regulated by state statute. Marriage has never been addressed in the Arizona Constitution, which is reserved for defining the form and function of our government and guaranteeing our rights as citizens. Arizona law already prohibits marriage between persons of the same sex the in same way it does marriage between close relatives (parents and children, brothers and sister, etc.), not only prohibiting such unions in Arizona but also voiding any such marriage entered into in another state or country. This law has been tested and upheld by Arizona's courts and is in no danger of being overturned based on the actions of any other state or jurisdiction. Proposition 102 unnecessarily creates a whole new article in the state constitution to define marriage as the union of one man and one woman. Arizona voters already rejected this idea in 2006, but in 2008 the Arizona Legislature abandoned work on vital issues that would have made a real difference to Arizonans to concentrate on this divisive and unnecessary issue, almost coming to blows on the Senate floor. The National Organization for Women thinks that there are many more important issues to address. Our families need to be protected against poor education, unemployment, low-paying jobs, and a deteriorating environment, not issues that are already fully and finally addressed in law. Don't clutter up our constitution with unrelated and unnecessary language. Leave it to address the matters for which it was designed and leave marriage in state law where it is already completely covered and where it belongs."

Background

See also: History of same-sex marriage ballot measures

Between 1998 and 2012, voters in 30 states approved ballot measures that defined marriage as between one male and one female or otherwise prohibited same-sex marriage. The U.S. Supreme Court invalidated bans on same-sex marriage in the case Obergefell v. Hodges in 2015.

• 1998: Alaska
• 2000: Nebraska
• 2002: Nevada
• 2004: Arkansas
• 2004: Georgia
• 2004: Kentucky
• 2004: Louisiana
• 2004: Michigan
• 2004: Mississippi
• 2004: Missouri
• 2004: Montana
• 2004: North Dakota
• 2004: Ohio
• 2004: Oklahoma
• 2004: Oregon
• 2004: Utah
• 2005: Kansas
• 2005: Texas
• 2006: Alabama
• 2006: Colorado
• 2006: Idaho
• 2006: South Carolina
• 2006: South Dakota
• 2006: Tennessee
• 2006: Virginia
• 2006: Wisconsin
• 2008: Arizona
• 2008: California
• 2008: Florida
• 2012: North Carolina

Path to the ballot

See also: Amending the Arizona Constitution

A simple majority vote was needed in each chamber of the Arizona State Legislature to refer the constitutional amendment to the ballot for voter consideration.

Proposition 102 was placed on the ballot during the 2008 legislative session, on the last day. Presiding Sen. Jack Harper defeated a filibuster on June 17, 2008 to place the amendment on the ballot.

See also

2008 Measures

• 2008 Measures
• LGBTQ issues on the ballot
• Family-related policy on the ballot
• 2008 legislative sessions

Arizona

• Arizona ballot measures
• Arizona ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Arizona Voter Guide (2008)