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