Proposition 8 was one of the things on the ballot in November of 2008, in California.  It was called a “proposition” because it was a proposal, or suggestion, about how to change the California Constitution from how it was before the election to something different.  The number designation is simply a way to differentiate between all of the propositions that were on the same ballot that year.

To understand why there is so much controversy surrounding Prop8, one must understand a bit of California history.  Previous to Prop 8, there was Proposition 22, which was passed by voters in March of 2000.  Prop 22 created the specification in state law that said that the only form of marriage legally recognized by the state of California is one between a man and a woman.  Later, in May of 2008, the California Supreme Court ruled that this statute was in violation of the equal protection clause in the California Constitution, and Proposition 22 was overturned.  Marriage between two people of the same sex was legal in California after that.  Proposition 8 was placed on the ballot by interested parties who wished to reverse the decision the California Supreme Court made concerning Proposition 22.  In November 2008, Proposition 8 was passed.  This meant that, once again, the State of California would only recognize a marriage that was between a man and a woman as being legal.  This year, 2010, there is a trial going on to decide if Prop 8 will stand or if it will be reversed.

Part of the controversy surrounding Proposition 8 comes directly from this history.  Some would argue that Prop 8 should stand, because the majority of voters in California voted for it.  Others would argue that Prop 8 violates the equal protection clause in the California Constitution in the same way Prop 22 did, and therefore it should not stand.

The biggest controversy comes from the debate about what the definition of marriage should be, socially, as well as legally.  This is an extremely emotional issue for most people.  Various religious leaders have said that it is immoral for two people of the same sex to be married.  Many other people say that marriage is an inalienable right that all citizens should have access to. Other people believe that much of the controversy surrounding Prop 8 can be avoided if the term “civil union” was used instead.