Nov. 5, 2008
Calif. Gay Marriage In Limbo
Proposition To Ban Gay Marriage Has More Votes In Current Returns, But Millions Of Absentee Ballots Have Yet To Be Counted
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Play CBS Video Video Prop 8 May Pass In Calif. The fate of Proposition 8, which could nullify over 18,000 same-sex marriages in California, looms large in the state. John Blackstone reports.
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Jan Nicolay, co-chair of South Dakota Campaign for Healthy Families, delivers a speech after the abortion ban ballot measure was declared defeated, Tuesday, Nov. 4, 2008 at the convention center in Sioux Falls, S.D. (AP Photo/Doug Dreyer)
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Interactive Election Day 2008 Images, results and reaction from the historic election.
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Interactive Same-Sex Marriage Debate State-by-state coverage, opinions, history, photos and a look at the amendment process.
- Stories
- Ballot Measures State-By-State
Supporters of Proposition 8, which bans same-sex marriage, claimed victory, but their thin lead could still be threatened by absentee ballots yet to be counted.
Gay rights advocates always knew they were in for a tough election night.
"Buckle your seats, honey, it's gonna be a bumpy ride," said Kate Kendell of the National Center for Lesbian Rights.
Together, both sides raised more than $70 million making Prop 8 more expensive than any contest other than the presidential race, Blackstone reports.
Some news organizations have projected that the proposition will pass, but CBS News has yet to make a projection due to the uncounted absentee ballots.
With 97 percent of precincts reporting, 52 percent have voted yes on the measure and 48 percent have voted no. (Latest results are available on the California state results page)
Similar measures have prevailed previously in 27 states, but none were in California's situation - with thousands of gay couples already married in the aftermath of a state Supreme Court ruling in May.
The office of San Francisco City Attorney Dennis Herrera said he will file a legal challenge against the validity of the ballot measure to change the constitution if it passes.
Similar ballot measures banning same-sex marriage were up for vote in Arizona and Florida. CBS News projects that Arizona voters have passed the same-sex marriage ban.
Elsewhere, CBS News projects that voters in South Dakota voted down Measure 11, which would have prohibited abortions except in cases where the mother's life or health is at a substantial and irreversible risk, and in cases of reported rape and incest. If it had passed, it would likely have triggered a legal challenge which could have lead to the U.S. Supreme Court and a reconsideration of the 1973 Roe v. Wade ruling that established the right to abortion.
In Arizona, voters rejected Proposition 202 which would have modified laws relating to the employment of unauthorized aliens; the law would also have fined employers who pay improperly reported cash wages.
In Arkansas, a single parent or a couple who are not married will not be able to adopt a child or serve as a foster parent; voters approved an initiative which would mandate that only married couples can do so.
In Colorado, CBS News projects that voters rejected Amendment 48, which would have defined the term "person" to include any human being from the moment of fertilization.
Colorado voters are also deciding on Amendment 46, which would prohibit discrimination by the state or granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. According to a poll taken in late October by CBS station KCNC in Denver and the Rocky Mountain News, 53 percent of registered voters in Colorado support the amendment.
In Maryland, voters approved video slot machines.
In Massachusetts, voters had to decide on a ballot measure eliminating the state's income tax. Question One proposed eliminating the 5.3 percent income tax by January 2010. According to projections, the ballot question was not passed.
In Michigan, voters passed (by a margin of 63% to 37%) a legislative initiative to permit the use and cultivation of marijuana for specified medical conditions. Also approved: An expansion of the use of stem cells from human embryos for any research permitted under federal law.
In Nebraska, CBS News projects that Nebraska voters are going to pass Measure 424, a constitutional amendment banning affirmative action, by prohibiting the state from discriminating against, or granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education or public contracting, although there would exceptions for certain federal programs.
And in Washington State, voters approved, 59%-41%, Measure 1000 which would permit terminally ill, competent, adult Washington residents, who are medically predicted to have six months or less to live, to request and self-administer lethal medication prescribed by a physician.
Here is a state-by-state roundup of results for the most noteworthy ballot issues:
Arizona
In addition, CBS affiliate KPHO reports that voters rejected Proposition 200, the Payday Loan Reform Act. Proposition 101, which would amend the state constitution to provide that no law shall restrict a person's freedom to choose a private health care plan or system of their choice, is not yet decided.
Arkansas
California
In addition, CBS Station KPIX reports that voters have approved a proposition on humane confinement of farm animals (Proposition 2); rejected requiring utilities to generate 20 percent of their power from renewable energy by 2010 (Proposition 7); and approved bond measures for funding children's hospitals and helping veterans purchase homes and farms. Results on Proposition 11, which would change the way legislative district lines are drawn, are too close to call.
In San Francisco, KPIX reports that voters turned down a measure that would have barred police from arresting prostitutes. The city couldn't technically legalize prostitution since it's against state law, but the proposal would have barred local authorities from investigating, arresting or prosecuting anyone for selling sex. Also, an attempt to rename a local sewage treatment plant after President Bush went down the drain.
Colorado
Also on the ballot: CBS Station KCNC reports that voters rejected Amendment 47 would ban mandatory union membership and dues by employers; and also rejected Amendment 51, which would raise state sales taxes to fund long-term care for persons with developmental disabilities.
Florida
Maryland
Massachusetts
Also, dog racing has gone to the dogs: CBS Station WBZ reports that voters approved a ban, 8 years after rejecting a similar measure.
Michigan
Missouri
Nebraska
South Dakota
The AP reports that voters rejected an elimination of term limits for legislators.
Washington
Click here for updated, complete election results by state.
© MMVIII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
More From Politics
Add a Comment See all 399 Comments
- no if your atheist you dont believe in anything....but im gonna ask you how many times have you said omg?? so why would you say omg if theres no god
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- no if your atheist you dont believe in anything....but im gonna ask you how many times have you said omg?? so why would you say omg if theres no god
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- Prop. 22, voted by 61% of the voters of Calif. decided against same *** marriage, this was the law, it was voted for by the people of Calif, then earlier this year, by a vote of 4-3, this law was overturned by the Calif Supreme Court and it was done by 4 people against what was law and today, Prop 8 has passed, again the people of Calif are making it clear what they want. Now, people are protesting this, and why, President-elect Barack Obama, even though I did not vote for him, he is still our president and you certainly don''t see me out there protesting. Also, right now, in Germany, there is a couple, they have children and they are trying to overturn the law, they are raising their children right, they are decent people and the law that they are trying to overturn is the law against incest, you see this couple is a brother and a sister and they also feel and believe that they have these "civil rights" that should allow them to be married and this union be acceptable by the law and by society. Where would this end?? A man and child? A mother and her son, a father and his daughter? You cannot tell me it''s not happening because it already has started.
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- The initiative was legally placed.
No more throwing dirt in God''s face. - Reply to this comment
- The courts can not tke away the rights of the people. In California, the courts made a huge mis-step and Prop 8 passed.
I am tired of courts being used to pass laws. I and most Americans will not stand for it. - Reply to this comment
- Looks like Prop 8 is going away anyway. There is new legal opinion that it is not a valid ballot initiative because it was not properly on the ballot and it exceeds the authority of the initiative process.
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- marriage is a religious institiution - OK. But licenses (including marriage) are issued by Our government.
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- I see no reason for taxpayers to provide people with a state approved prenup (which is what civil marriage really is).
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Posted by tuckerndfw at 11:41 AM : Nov 06, 2008
BINGO! - Reply to this comment
- "I am not sure how churches get away with using their tax exempt money to advocate political issues, but that is a violation of their tax exempt status."
this is an interesting question and I imagine there are a lot of people investigating, "following the money" on this one. Could be a huge scandal. I continue to believe this was the last gasp of the pseudo-religious church PACs in the USA. Commentators yesterday were saying fundamentalist Christian alliances were part of what cost the Republicans the election: they lost the middle class like never before. Look for the political protectors of the evangelist movement to quietly back waaay off. - Reply to this comment
- During the Vietnam fiasco, a common scam was for women to marry several guys headed for Vietnam so they could play the "hope he gets killed" lottery.
Which is one reason I advocate for the elimination of civil marriage. It has become a con game more than anything else. Lots of people, especially women, want to marry for the financial benefits.
We need to stop wasting tax dollars supporting this con game.
Posted by tuckerndfw at 10:54 AM : Nov 06, 2008
I love saying "PRE NUP" to women hinting about getting married. It''s kinda like throwing holy water on a vampire-their head spins and their face sizzles. - Reply to this comment
- Not gonna happen.
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Posted by tuckerndfw at 09:51 AM
Personally it doesn''t matter to me. I am a little disgusted by the role of religion, but I am neither here nor there on the subject of gay marriage. I don''t feel it is up to me to tell people outside of my influence what to do. - Reply to this comment
- I personally believe that the churches that took their members money and used it for promoting a political agenda have gone over the line from a religious institution to that of a political party. Bush went after an Episcopal Church for telling its people not to vote for him. So maybe it''s time to revisit what these churches are doing with their donations. Do they lie to their church membership and say it goes for the poor or building a new church, but in reality it is being used for political purposes?
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- Back in the day, people who were gay just did what they did. They didn''''t try to change to the world around them to fit their convenience.
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Posted by bracemic at 09:43 AM
No doubt in your ethnocentric view you feel very assured about what you claim as "back in the day." "Back in the day" in which culture? Native American? How about the Inuit culture? African? You completely ignore these cultures that indeed accepted a different standard that the one you think dominated back in the day. - Reply to this comment
- Also, it''s a bit odd that only in this day in age are people are so concerned with re-defining marriage. Marriage has been what it is for thousands of years. Back in the day, people who were gay just did what they did. They didn''t try to change to the world around them to fit their convenience.
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- What I don''t understand is how two religious institutions that should be using their money for the benefit of their people or that of the poor, namely the Church of Latter Day Saints and the Catholic Church, could go around spending millions of dollars to stop something that really has nothing to do with them. Why would they have to convince people through a show of propaganda, when they should be able to do that on Sunday mornings from right inside their own buildings?
Think of it, an economy hurting. The Catholic Church itself in serious weakened condition due to her priests and child molestation suits. Yet, they spent millions to promote this. And the Mormons, considered by the Catholic Church and others to be a cult, yet, they too had millions to blow on influencing people outside their church. This is when I believe that these churches are no longer tax exempt religious institutions under the constitution. They are instead, political parties, taking advantage of a loophole where they can claim religious privilege. - Reply to this comment
- Look, people can protest this all that they want, but the reason that we vote is to resolve these issues. The people have decided with that vote, and no matter how many protest, it will obviously not be the majority at this time.
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- SEXUAL DEVIATION SHOULD NOT BE FORCED ONTO THE PUBLIC....ESPECIALLY, NOT OUR CHILDREN! THESE PERVS NEED TO ADDRESS THE ROOT OF THEIR EMOTIONAL PROBLEMS, WHICH IS THEIR CHILDHOOD SEXUAL ABUSE.
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- I have three siblings. My sister is wrapping up her 4th marriage; my oldest brother shot his first wife who survived and remarried him after he got out of jail; and my other brother is raising kids alone after his second wife ran off with thier youth minister. My mother is currently married to her third preacher.
I''m Gay and my partner and I have been together for 18 years; We really want no part in such a failed religious institution but we would love to have equal protection under the law as a couple. - Reply to this comment
- Remind me not to have the mayor of San Francisco help out on my election ads--you can''t get much more obnoxious than that moron.
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- Responding to theblackman9 (posted at 06:36 AM)
I''m trying to decide how to even respond to your a**inine post. They I thought, since you have the number 9 in your login name, maybe it is your age (or better yet, your IQ). - Reply to this comment
The road ahead in Afghanistan, and the crucial decision Obama faces.
