Arizona Proposition 102 was an amendment to the constitution of the state of

Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...

adopted by a

ballot measure A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...

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." The amendment added a constitutional ban on

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...

to existing statutory bans in place since 1996. In October 2014, Article 30 of the Arizona Constitution was struck down as unconstitutional in the

United States District Court for the District of Arizona The United States District Court for the District of Arizona (in case citations, D. Ariz.) is the U.S. district court that covers the state of Arizona. It is under the United States Court of Appeals for the Ninth Circuit. The District was est ...

, and is no longer enforced by the state of Arizona, which now allows and recognizes same-sex marriages. Despite the court ruling, Article 30 still remains on the state's constitution, and on the Arizona State Legislature's website, there are no notes within the page for Article 30 that that part of the constitution was struck down or otherwise rendered inoperative.

Overview

On August 26, 2008, Arizona Attorney General

Terry Goddard Samuel Pearson Goddard III (born January 29, 1947) is an American attorney and politician. He served as the Mayor of Phoenix from 1984 to 1990, on the Central Arizona Water Conservation District from 2001 to 2003 and as the 24th Attorney Genera ...

and Secretary of State

Jan Brewer Janice Kay Brewer (''née'' Drinkwine, formerly Warren; born September 26, 1944) is an American politician and author who was the 22nd governor of Arizona from 2009 to 2015. A member of the Republican Party, Brewer is the fourth woman (and was t ...

agreed that the ballot description would state that same-sex marriage was already prohibited by statute. 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) Proposition 8, known informally as Prop 8, was a California ballot proposition and a state constitutional amendment intended to ban same-sex marriage; it passed in the November 2008 California state elections and was later overturned in cou ...

) 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. 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: 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

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California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...

Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its capita ...

and

Iowa Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to th ...

. 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.

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. Despite the fact that Harper admitted to cutting off the microphones intentionally, a Senate ethics committee consisting of three Republicans and two Democrats voted 3–2, along strict party lines, to dismiss the charges. 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

By county

Full text

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
{{Same-sex unions in the United States 2008 Arizona elections 2008 ballot measures Arizona ballot measures LGBT in Arizona U.S. state constitutional amendments banning same-sex unions 2008 in LGBT history Same-sex marriage ballot measures in the United States