Proposition 8: Only marriage between a man and a woman shall be valid or recognized in California. (Cal. Const. Art. I, sec. 7.5)

Briefs Filed on Prop8Case

Prop 8 Case Timeline

  • April 24, 2008 – Prop 8 supporters submit 1.1 million signatures to qualify initiative for the November 2008 ballot.
  • May 15, 2008 – California Supreme Court strikes down California Marriage Law (Prop 22), ruling that the state constitution guarantees a right of same-sex marriage.
  • June 2, 2008 – Prop 8 is qualified for November 2008 statewide ballot.
  • June 16, 2008 – California begins issuing same-sex marriage licenses, pursuant to Supreme Court ruling.
  • July 16, 2008 – California Supreme Court rejects lawsuit seeking to strike Prop 8 from the ballot.
  • November 4, 2008 – Californians approve Proposition 8 by a margin of 52% to 48% (7.0 million to 6.4 million votes).
  • November 5, 2008 – Prop 8 takes effect immediately.

State Court Challenge (Strauss v. Horton)

  • November 19, 2008 – California Supreme Court accepts Strauss v. Horton cases challenging Prop 8 as a revision (requiring legislative approval) rather than an amendment (qualified by popular initiative).
  • May 26, 2009 – California Supreme Court decides Strauss v. Horton, rejecting claims that Prop 8 is invalid, affirming validity of same-sex marriage entered into prior to November 4, 2008.

U.S. District Court, Northern District of California (Perry v. Schwarzenegger)

  • May 23, 2009 – Two same-sex couples, represented by Ted Olson and David Boies, file suit challenging constitutionality of Prop 8 under the Equal Protection Guarantee of the 14th Amendment to the U.S. Constitution.
  • May 27, 2009 – Plaintiffs seek preliminary injunction to invalidate Prop 8 pending resolution of litigation.
  • June 12, 2009 – Attorney General Jerry Brown files brief refusing to defend Prop 8.
  • July 2, 2009 – Lambda Legal, ACLU, National Center for Lesbian Rights, and City of San Francisco move to intervene as plaintiffs in the case.
  • August 19, 2009 – Judge Vaughn Walker denies motion to intervene by Lambda, ACLU, NCLR. Grants City of San Francisco motion.
  • September 9, 2009 – Prop 8 supporters file motion for summary judgment affirming constitutionality of Prop 8 without trial.
  • October 13, 2009 – Judge Walker denies respondents motion for summary judgment.
  • January 11, 2010 – Prop 8 trial begins.
  • January 27, 2010 – Prop 8 testimony ends.
  • June 16, 2010 – Prop 8 trial closing arguments.
  • August 4, 2010 – Judge Walker issues his 136-page ruling that Prop 8 is unconstitutional and a violation of equal protection. Walker says in his decision that the voters who passed Prop 8 were motivated by "animus towards gays and lesbians." Prop 8 supporters immediately appeal decision.
  • August 12, 2010 – Judge Walker rules that same-sex marriages may be reinstated in California beginning on August 18th.

U.S. Court of Appeals, 9th Circuit

  • August 16, 2010 – The Ninth Circuit stays Walker's ruling and halts same-sex marriages from continuing until the case be reviewed.
  • December 6, 2010 – Oral arguments begin in the appeals hearing as to whether the proponents of Prop 8 have standing in the case.
  • November 11, 2011 – Answering a request to consult in the matter, the California Supreme Court advises the Ninth Circuit court that the Prop 8 sponsors do have standing to defend Proposition 8 under California law.
  • February 7, 2012 – The three-judge panel for the Ninth Circuit (Stephen Reinhardt, Randy Smith, and Michael Hawkins) rules that Prop 8 is unconstitutional. In its 2-1 decision, the Ninth Circuit rejects Judge Walker's reasoning, ruling instead that the right to marry, once granted, cannot be rescinded by voters.
  • February 21, 2012 – Prop 8 defenders request that the 9th Circuit reconsider the case.
  • June 5, 2012 – Ninth Circuit announces that it will not re-hear the case. Prop 8 supporters appeal to Supreme Court.

United States Supreme Court

  • December 7, 2012 – The Supreme Court grants certiorari, announcing that it will take up the Prop 8 case during the 2012-13 term.
  • June 26, 2013 – Supreme Court dismisses California's Proposition 8 appeal, rules on "standing."