November 5, 2008
By Pat McCaughan

LOS ANGELES – After one of the costliest, most rancorous and divisive campaigns in state history, California voters on November 4 narrowly approved Proposition 8, a ban on same-sex marriage.

In a setback to gay rights advocates, 52 percent of California voters agreed to amend the state constitution to say that, "only marriage between a man and a woman is valid or recognized in California." With 95 percent of precincts reporting Wednesday, the ban received 5,125,752 votes in favor, to 4,725,313 against.

It was not immediately clear what effect the vote would have on gay couples who are already married. Gay-rights advocates filed a legal challenge November 5 in California's Supreme Court, contending that the result was an illegal attempt to change the state's constitution.

All six Episcopal diocesan bishops in California jointly issued a statement opposing Proposition 8 on September 10.

The day after the vote, Bishop Jim Mathes of San Diego said, "Whatever the final tally is, this reflects a pretty clear difference of opinion on this question and my sense is that difference of opinion is reflected in the Episcopal Church as well. This gives us reason to continue the very intentional conversation about matters of human sexuality, as long as we hold our opinions gently in this matter remember that we need each other to discern God's heart in this part of our lives together."

In a statement released November 5, Bishop Marc Andrus of the San Francisco-based Diocese of California said: "The recognition of the civil rights of lesbian, gay, transgendered and bisexual people is part of the broad shift in consciousness towards which we are moving. Same-sex marriage in California is an important vehicle in the on-going work of making sure all American citizens enjoy the same rights in civil society. This shift in consciousness, including same-sex marriage, is a move towards the good."

Andrus added that he and "those of us committed to civil rights for all will simply continue to hope, and continue to work" for equality for all. "Perseverance, knowing that God continues to travel with those who are disenfranchised, is a path we know. I trust, however, that the great Californians with whom I live will continue their tradition of forging ahead towards what lies before our whole great country." Bishop J. Jon Bruno of the Diocese of Los Angeles, wrote in a November 5 statement, "I call upon Californians who supported Proposition 8 to make an honest and dedicated effort to learn more about the lives and experiences of lesbian and gay humanity whose constitutional rights are unfairly targeted by this measure. Look carefully at scriptural interpretations, and remember that the Bible was once used to justify slavery, among other forms of oppression.

"In my view, and in that of many Episcopalians," Bruno continued, "Proposition 8 is a lamentable expression of fear-based discrimination that attempts to deny the constitutional rights of some Californians on the basis of sexual orientation. It is only a matter of time before its narrow constraints are ultimately nullified by the courts and our citizens' own increasing knowledge about the diversity of God's creation."

The Rev. Susan Russell, President of Integrity USA, a support group for gay Episcopalians and friends, refused to comment specifically about Proposition 8 until the all provisional and absentee ballots had been counted. However, she said, "the church needs to think about how we respond to the reality of those whose lives and souls are entrusted to our care and … which side of history it wants to come down on in this matter."

Russell is associate rector at All Saints Church in Pasadena, where 43 gay couples were married between June 17 and November 4. "This Sunday we'll have wedding cake on the lawn at All Saints as a celebration of the gift of love and continued commitment to marriage equality" and those couples, she added.

The ballot decision upsets a May 14, 2008 state Supreme Court decision legalizing gay unions and challenges the marital status of an estimated 18,000 couples that have since wed. It is the first such vote to eliminate rights.

The court had ruled as unconstitutional an eight-year-old ballot measure, Proposition 22, where 61 percent of voters objected to same-sex marriage.

More than $72 million was spent on both sides of the campaign, which positioned religious progressives who considered it a civil rights issue against conservatives who countered that the state and the courts have no right to unilaterally change a definition of marriage that has existed for centuries.

Apple Inc. reportedly contributed $100,000 to defeat the measure, while Hollywood stars such as Brad Pitt, Samuel Jackson, director Steven Spielberg and talk show host Ellen DeGeneres publicly opposed it. DeGeneres and her partner, Portia de Rossi, had married earlier this year.

A huge influx of cash from nearly every part of the nation made Prop. 8 the most expensive social issue race to date. The Salt Lake City-based Mormon Church contributed heavily in favor of the measure and in the final days of the campaign protested advertising portraying its church members as invading private homes and ripping up marriage licenses of gay couples.

Episcopal News Service
The Rev. Pat McCaughan is Episcopal Life Media correspondent for the dioceses of Province VIII and the House of Bishops. She is based in Los Angeles.