The proposition only affected whether same-sex couples could call themselves married under California law, and did not affect any substantive rights. Same-sex couples can still file joint state tax returns, adopt children, and enjoy other marital benefits under the California domestic partnership law. They could not call themselves married under federal law anyway, and the federal government does not recognize any same-sex marriages.
After the election, demonstrations and protests occurred across the state and nation. Numerous [[lawsuits]] were filed with the California Supreme Court by same-sex couples and government entities, challenging the proposition's validity and effect on previously administered same-sex marriages. The court heard oral arguments on March 5, 2009, and declared Proposition 8 unconstitutional on August 4, 2010.<ref>[httphttps://www.scribd.com/doc/35374462/Prop-8-Ruling-FINAL Prop 8 Ruling FINAL] Scribd, August 5, 2010.</ref>
==History of Marriage in California==
==Vandalism and Protests==
Supporters of same-sex marriage vandalized some "Yes on 8" signs, sent hate mail, and ultimately made death threats which caused at least one top supporter of Proposition 8 to hire a bodyguard.<ref>ABC 30HD, Fresno, CA. "[http://abclocal.go.com/kfsn/story?section=news/local&id=6479879 Prop 8 Threat: Fresno Police close to Arrest]"</ref> Ultimately the realization that the people had spoken led to protests and arrests.<ref>FoxNews.com, ''Several Gay Marriage Ban Protesters Arrested in Clashes With Police in California'', Thursday, November 06, 2008 [httphttps://www.foxnews.com/story/0,2933,447744,00.html]</ref> Continuing protests months after the election have led to more issues.<ref>[httphttps://www.foxnews.com/story/0,2933,450884,00.html Cross-Bearing Woman Says She Was Attacked by Gay Marriage Supporters, May Press Charges]</ref> The Holy Redeemer Catholic Church was vandalized with the words Prop H8 and a Nazi swastika in spray paint.<ref>[https://www.cnsnews.com/public/content/article.aspx?RsrcID=41858 San Francisco Catholic Church Attacked by Pro-Homosexual Marriage Vandals] CNSNews, January 13, 2009</ref> The slang H8 stands for 'Hate' or Proposition Hate.
==Aftermath==
Following the passage, a group of gay couples and governmental entities (a small collection of coastal cities and counties) have filed suit against Proposition 8. The California Supreme court accepted the three lawsuits which sought to overturn Proposition 8 (Strauss v. Horton, Tyler v. California, San Francisco v. Horton). According to the AP, "All three cases claim the ban abridges the civil rights of a vulnerable minority group. They argue that voters alone did not have the authority to enact such a significant constitutional change."<ref>[http://apnews.myway.com/article/20081119/D94I8U1G3.html AP, ''Calif. Supreme Court to take up gay marriage ban'', Nov 19, 2008]</ref> Similar laws upholding traditional marriage had already been passed in 30 other states.
The sponsors of Proposition 8 asked the California Supreme Court on December 19 to no longer recognize the alleged marriages of the estimated 18,000 same-sex couples who exchanged vows before voters approved the ballot initiative that said that same-sex marriages were not to be recognized.<ref>[httphttps://www.foxnews.com/wires/2008Dec19/0,4670,GayMarriageLawsuits,00.html Prop.8 sponsors seek to nullify 18K gay marriages] AP, December 19, 2008</ref> "Proposition 8's brevity is matched by its clarity. There are no conditional clauses, exceptions, exemptions or exclusions,".
Oral arguments were heard March 5, 2009, and the decision was rendered May 26, 2009. The California Supreme Court voted to uphold the proposition, but maintain state recognition of same-sex marriages already performed.<ref>http://www.courtinfo.ca.gov/opinions/documents/S168047.PDF</ref>
A group of Hollywood actors led by musical theater composer Marc Shaiman wrote “Prop 8: The Musical.” The music video mocks Christians, defames Christ, and distorts the teaching of the Bible through a series of "pick and choose" doctrines. Marc Shaiman is also the composer for “Hairspray” and “South Park: Bigger, Longer & Uncut.” <ref>[https://www.cnsnews.com/public/Content/Article.aspx?rsrcid=40318 Group Calls for Hollywood to Apologize for ‘Prop 8: The Musical’] CNSNews, December 4, 2009</ref>
Chief Judge Vaughn R. Walker of the San Francisco 9th Circuit District Court declared Proposition 8 unconstitutional on August 4, 2010. "The judge found that the gay marriage ban violate[d] the [Federal] Constitution's due process and equal protection clauses."<ref>[httphttps://www.foxnews.com/politics/2010/08/04/federal-judge-overturns-californias-sex-marriage-ban/ Federal Judge Overturns California's Same-Sex Marriage Ban] FoxNews.com, August 4, 2010</ref> The case was upheld by the Ninth Circuit Court of Appeals and is due to be reviewed by the US Supreme Court in early 2013, alongside another case finding key parts of the Defense of Marriage Act unconstitutional.
California [[Attorney General]] [[Kamala Harris]] refused to defend Proposition 8 in court. The decision was significant. In 2013, the U.S. Supreme Court ruled that proponents of the measure did not have the legal standing to defend Proposition 8 on appeal after Harris and Gov. [[Jerry Brown]] had refused to do so. The case was dismissed on technical grounds, removing the ban on same-sex marriage in California.<ref>https://www.latimes.com/politics/la-pol-ca-senate-harris-milestones-20160706-snap-htmlstory.html</ref>