Debate Continues in California's Prop 8 War

LDS Church Still Under Attack for Involvement in Gay Marriage Issue

Dec 11, 2008

The battle over Proposition 8 has moved to the California Supreme Court, and the first win is in favor of the measure.

Other victories, however, seem to be coming down on the anti-Prop. 8 side as protests, vandalism and blacklisting of people in favor of the no-gay-marriage measure continue.

In mid-November, the Court refused a petition to withhold enforcement of the ballot measure, which defines marriage as between a man and a woman, thus no longer allowing marriage between two homosexuals in the state. The previous proposition to the same effect was overturned in May, allowing thousands of gay couples to legally wed. It returned to the ballot on Nov. 4 amid massive campaigning from both sides.

Legal Issues

California voters passed the measure by a margin of 52 percent to 48 percent. More than 40 legislators sent a friend of the court brief to the California Supreme Court in favor of a petition asking the court to stay enforcement. According to Supreme Court records, the court declined but agreed to consider the petition.

1. Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution?

2. Does Proposition 8 violate the separation of powers doctrine under the California Constitution?

3. If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adopted to Proposition 8?

Those in favor of the petition include the Bar Association of San Francisco, the Anti-Defamation League, the Ecumenical Catholic Church and Hastings College of the Law. Those asking the court to uphold the tenets of Proposition 8 include the Pacific Justice Institute, the Center for Constitutional Jurisprudence at Chapman University Law, the American Center for Law and Justice and the Kingdom of Heaven.

As emotional as those arguments have been, the political wrangling is nothing compared to reactions in the streets. After election day the pro-gay movement was out across California protesting the decision. Targets have included the state capitol and various churches, but The Church of Jesus Christ of Latter-day Saints has been the biggest target.

Singling Out the Mormons

According a Nov. 25 Salt Lake Tribune article by Jessica Ravitz, members of the LDS Church gave about $20 million to the Yes on Prop 8 platform and spent hundreds of hours campaigning in favor of the ballot measure. About 2 percent of the state is LDS. The legal issue is the church’s involvement. The church donated $2,864.21, according to Dennis Wyatt, in a Dec. 2 article for The Manteca (California) Bulletin. That’s .000036 percent of the $80 million spent by both sides, and small compared to the U.S. Conference of Catholic Bishops, which donated $200,000, and Catholic-affiliated Knights of Columbus, which donated $1.25 million. However, a pro-gay group has asked California’s Fair Political Practices Commission to investigate other donations, claiming in-kind donations went unreported, according to the Tribune.

LDS Church leaders’ homes have since become a target for vandalism, as well as church buildings and temples. White powder was sent in an envelope to the Los Angeles temple, and there have been massive protests around temples in California, Utah and New York. An unofficial poll on the San Francisco Chronicle’s Web site showed that 88 percent of responders believe Mormons are being unfairly singled out.

Protesters have carried signs reading “Hatred is not a family value” and “I’m embarrassed to be a Californian,” according to a Nov. 10 San Francisco Chronicle article by John Wildermuth and Demian Bulwa, and people have reported chants “Mormon scum” outside of temples. The LDS Church has continued to advocate nonviolence while drawing attention to organizations such as the Anti-Defamation League who feel the protestors are unfairly targeting the LDS Church and are taking away the civil rights of people being verbally attacked.

“All people of faith have cause for concern when others try to remove their legitimate voice from the public square,” reads a Nov. 21 news release from the LDS Church.

1. “Same-sex marriage backers hit Capitol, churches.” John Wildermuth and Demian Bulwa, San Francisco Chronicle, Nov. 10.

2. 2. California Supreme Court ruling, ruling in Karen L. Strauss et al., vs. Mark B. Horton et al. Nov. 19.

3. “Probe into LDS Church’s Prop. 8 donations going forward.” Jessica Ravitz, Salt Lake Tribune, Nov. 25.

4. “Faulty Logic Targets Mormons on Prop. 8.” Dennis Wyatt, The Manteca Bulletin, Nov. 29.

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