2008 Arizona Proposition 102

Arizona Proposition 102 was an amendment to the constitution of the state of Arizona adopted by a ballot measure 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."[2] The amendment added a constitutional ban on same-sex marriage to existing statutory bans in place since 1996.[3] 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, and is no longer enforced by the state of Arizona, which now allows and recognizes same-sex marriages.[4]

Arizona Proposition 102[1]
November 4, 2008
Marriage Protection Amendment
Amends the Arizona Constitution to define marriage between one man and one woman.
Results
Choice
 Votes  %
Yes 1,258,355 56.20%
No 980,753 43.80%
Valid votes 2,239,108 100.00%
Invalid or blank votes 0 0.00%
Total votes 2,239,108 100.00%
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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.[5]

Overview

On August 26, 2008, Arizona Attorney General Terry Goddard and Secretary of State Jan Brewer agreed that the ballot description would state that same-sex marriage was already prohibited by statute.[6] 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)) 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.[7] 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:[8] 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, Connecticut and Iowa. 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.[9]

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.[10] Despite the fact that Harper admitted to cutting off the microphones intentionally,[11] a Senate ethics committee consisting of three Republicans and two Democrats voted 3–2, along strict party lines, to dismiss the charges.[12]

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
Arizona Proposition 102[13]
Choice Votes  %
Referendum passed Yes 1,258,355 56.2
No 980,753 43.8
Total votes 2,239,078 100.00

By county
Election results by county.
  Yes
  No
County[14] Yes (%)Yes (#) No (%)No (#)
Apache 76%18,044 23%5,405
Cochise 63%30,492 37%17,582
Coconino 50%26,845 49%26,264
Gila 68%14,443 32%6,884
Graham 80%9,406 20%2,352
Greenlee 73%2,024 27%744
La Paz 66%3,524 34%1,785
Maricopa 55%741,797 45%595,077
Mohave 66%43,258 34%21,861
Navajo 75%25,317 25%8,460
Pima 49%188,942 51%195,148
Pinal 61%62,425 39%39,457
Santa Cruz 52%6,412 48%5,902
Yavapai 61%59,497 39%38,546
Yuma 63%25,929 37%15,286
Total 56.2%1,258,355 44%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. "State of Arizona Official Canvass: 2008 General Election – November 4, 2008" (PDF). Secretary of State of Arizona. December 1, 2008. Archived from the original (PDF) on December 19, 2008. Retrieved December 13, 2008.
  2. "Senate Concurrent Resolution 1042". August 26, 2008.
  3. McKinley, Jesse (October 29, 2008). "Same-Sex Marriage on the Ballot in Arizona, a Second Time". The New York Times.
  4. Westfall, Julie (October 17, 2014). "Arizona and Wyoming gay marriage bans struck down". Los Angeles Times. Retrieved December 2, 2014.
  5. "Article XXX: Marriage". Arizona State Legislature. Retrieved August 23, 2021.
  6. "Voters to be told gay vows already banned". The Arizona Daily Star. August 27, 2008. Archived from the original on September 1, 2008. Retrieved September 1, 2008.
  7. "Arizona Revised Statutes 25–101". August 26, 2008.
  8. "Political Committees, Arizona Ballot Measure". August 26, 2008. Archived from the original on May 18, 2011.
  9. Walkup, Bob; Walkup, Beth. "Publicity Pamphlet Argument" Vote NO on Proposition 102, October 22, 2008.
  10. "State senator faces ethics probe in same-sex marriage debate". Tucson Citizen. July 29, 2008. Retrieved September 1, 2008.
  11. "Ethics Committee to question Harper in microphone flap". East Valley Tribune. July 28, 2008. Archived from the original on September 21, 2008. Retrieved September 17, 2008.
  12. "Ethics panel votes to investigate Harper". Arizona Capitol Times. July 28, 2008. Retrieved March 8, 2021.
  13. "State of Arizona Official Canvass: 2008 General Election – November 4, 2008" (PDF). Secretary of State of Arizona. December 1, 2008. Archived from the original (PDF) on December 19, 2008. Retrieved December 13, 2008.
  14. "Arizona Secretary of State: 2008 general election – Ballot measures". Archived from the original on November 1, 2011. Retrieved April 20, 2010.
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