Arizona Proposition 102 (2008)

Elections in Arizona

Arizona Proposition 102 was an amendment to the constitution of the state of Arizona adopted by a referendum 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."[1]

Contents

Overview

On August 26, 2008, the Arizona Attorney General and Secretary Of State agreed that the ballot description would state that same-sex marriage was already prohibited by statute.[2] By incorporating the same provision into the Arizona Constitution, however, it would become impossible for an Arizona court to rule that the statute was invalid under the terms of the Arizona Constitution.

Along with similar measures in Proposition 8 in California and Amendment 2 in Florida, 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 did not immediately change the lives of Arizonans — the definition of marriage set by the proposition was consistent with existing statute.[3] However, because the proposition was an amendment to the Constitution of Arizona, the law now cannot be changed by the state legislature, and the possibility that the state judiciary 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:[4] 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 Massachusetts, California, and Connecticut. 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.[5]

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 an illegal filibuster on June 27th, 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.[6] Despite the fact that Sen. Harper admitted to cutting off the microphones intentionally,[7] a Senate ethics committee consisting three Republicans and two Democrats voted 3–2, along party lines, to dismiss the charges.[8]

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, was defeated in the general election.

Results

Arizona Proposition 102[9]
Choice Votes Percentage
Yes 1,258,355 56.20%
No 980,753 43.80%
Total votes 2,239,078 100.00%

By county

County[10] Yes No
Apache County 76% (18,044) 23% (5,405)
Cochise County 63% (30,492) 37% (17,582)
Coconino County 50% (26,845) 49% (22,279)
Gila County 68% (14,443) 32% (6,884)
Graham County 80% (9,406) 20% (2,352)
Greenlee County 73% (2,024) 27% (744)
La Paz County 66% (3,524) 34% (1,785)
Maricopa County 55% (741,797) 44% (595,077)
Mohave County 66% (43,258) 43% (21,861)
Navajo County 75% (25,317) 25% (8,460)
Pima County 49% (188,942) 51% (195,148)
Pinal County 61% (62,425) 39% (39,457)
Santa Cruz County 52% (6,412) 48% (5,902)
Yavapai County 61% (59,497) 39% (38,546)
Yuma County 63% (25,929) 37% (15,286)
Total 56.2% (1,258,355) 43.8% (980,753)

Full text

“ Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Article XXX, Constitution of Arizona, is proposed to be added as follows if approved by the voters and on proclamation of the Governor:
ARTICLE XXX. MARRIAGE
SECTION 1. ONLY A UNION OF ONE MAN AND ONE WOMAN SHALL BE VALID OR RECOGNIZED AS A MARRIAGE IN THIS STATE.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.
 ”

See also

References

  1. ^ "Senate Concurrent Resolution 1042". 2008-08-26. http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/48leg/2r/bills/scr1042h.htm. 
  2. ^ "Voters to be told gay vows already banned". The Arizona Daily Star. 2008-08-27. http://www.azstarnet.com/allheadlines/254755. Retrieved 2008-09-01. 
  3. ^ "Arizona Revised Statutes 25–101". 2008-08-26. http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00101.htm&Title=25&DocType=ARS. 
  4. ^ "Political Committees, Arizona Ballot Measure". 2008-08-26. http://www.azsos.gov/cfs/CommitteeSearchResults.aspx. 
  5. ^ Walkup, Bob; Walkup, Beth. "Publicity Pamphlet Argument" Vote NO on Proposition 102, October 22, 2008.
  6. ^ "State senator faces ethics probe in same-sex marriage debate". Tucson Citizen. 2008-07-29. http://www.tucsoncitizen.com/daily/local/92134.php. Retrieved 2008-09-01. 
  7. ^ "Ethics Committee to question Harper in microphone flap". East Valley Tribune. 2008-07-28. http://www.eastvalleytribune.com/story/121807. Retrieved 2008-09-17. 
  8. ^ "Panel dismisses complaint against Ariz. senator". Associated Press. 2008=08-13. http://www.fox11az.com/news/topstories/stories/kmsb20080813jc-panel-dismisses-complaint-az-senato.424bf605.html. Retrieved 2008-09-17. 
  9. ^ "STATE OF ARIZONA OFFICIAL CANVASS: 2008 General Election – November 4, 2008" (PDF). Secretary of State of Arizona. 2008-12-01. http://www.azsos.gov/election/2008/General/Canvass2008GE.pdf. Retrieved 2008-12-13. 
  10. ^ "Arizona Secretary of State: 2008 general election – Ballot measures". http://www.azsos.gov/results/2008/general/BM102.htm. Retrieved 2010-04-20. 

External links

Same-sex marriage legalized:
Same-sex marriage recognized,
but not performed:
Civil union or domestic partnership legal:
Same-sex marriage prohibited by statute:
Same-sex marriage prohibited
by constitutional amendment:
All types of same-sex unions prohibited
by constitutional amendment:
Recognition of same-sex unions undefined
by statute or constitutional amendment:
Notes:
*All out-of-state same-sex marriages are given the benefits of marriage under California law, although only those performed before November 5, 2008, are granted the designation "marriage".
# California's ban on same-sex marriage remains in limbo following a federal case finding the ban unconstitutional, which is stayed pending appeal to the Court of Appeals for the Ninth Circuit.