The same-sex marriage movement in California came to prominence in the year 2000 when state senator William "Pete" Knight proposed Proposition 22, known as the Knight Initiative or the California Defense of Marriage Act to the voters. Knight, in spite of having a gay son, wrote the initiative to prevent the State of California from performing same-sex weddings, or recognizing such marriages if performed elsewhere (in spite of the fact that, at the time, same-sex marriage was not legal anywhere in the United States). The initiative won the approval of the voters with a margin of 61% to 39%.
In 2005 the state legislature approved A.B. 849, which eliminated gender requirements for marriage, but the new legislation was vetoed by governor Arnold Schwarzenegger.
Legal challenges to the Knight Initiative worked their way through the California judicial system until the state's supreme court issued its ruling on May 15, 2008. The court ruled that the initiative was unconstitutional because the right to marry and the right to equal treatment under the law were fundamental, and could not be legislated away. Opponents requested an injunction to prevent issuance of marriage licenses until after the November, 2008 election, but the request was denied and same-sex couples began marrying on June 16. Thousands of same-sex couples married between June and November.
As soon as the court decision was announced, opponents of same-sex marriage mobilized an army of paid signature-gatherers to qualify a constitutional amendment to reinstate the ban. Supporters of same-sex marriage organized a counter movement to educate the public and encourage people not to sign the petition. In spite of this, sufficient signatures were gathered and Proposition 8 was placed on the November, 2008 ballot in California.
The campaign for Proposition 8 was financed largely by out-of-state funds from religious groups, principally The Church of Jesus Christ of the Latter Day Saints (Mormons) and the Knights of Columbus (a Catholic organization). Out-of-state funds were raised at the rate of 10-to-1 versus in-state fundraising. Yes On 8 advertising used lies and fear mongering to cloud the issue, declaring that if the proposition was defeated elementary school students would be forced to study gay marriage in school, and churches would be forced to marry gay couples or lose their tax-exempt status. Quotes were taken out of context from opponents of Prop 8 such as Senator Barack Obama, and used in ads meant to suggest that he supported the initiative.
In a stand-out example of ugly campaigning, the Yes On 8 leadership sent blackmailing letters to individuals and businesses that made large contributions to the No On 8 campaign, threatening to broadcast their "attack on traditional marriage" unless they immediately made a comparable donation to the Yes On 8 campaign.
As the November election neared, polls suggested that California voters were not going to support the proposition. This prompted a media blitz by the Yes On 8 campaign, with more lies and distortions. The No On 8 groups were unable to counter the TV ads, which ran as often as four times an hour, every hour of every day. On November 4 voters approved Proposition 8 by the narrow margin of 52% to 48%. Demographic breakdowns showed that Prop 8 was overwhelmingly supported by African-American voters in California, 70% to 30%. Hispanic voters supported the measure 53% to 47%. while Asian voters rejected the amendment 51% to 49%.
Since the election results were certified, spontaneous and organized protests have occurred almost daily around the state. That largest (to date) occurred nationwide on Saturday, November 15, 2008. Supporters of the proposition have reported significant backlash against them, and the post-election wrangling has become as divisive as the campaign itself.
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