Gay marriage banned in three states; other ballot measures decided

November 9, 2008 Voters in California, Florida and Arizona voted on Tuesday to ban gay marriage, bringing about a victory for conservatives on a day which did not bring many conservative wins.

Meanwhile, voters in Colorado, South Dakota and California voted on measures which would have restricted abortion in those states. In Massachusetts and Michigan, voters passed measures that loosen marijuana laws. Finally, in the state of Washington a measure was passed that allows physician-assisted suicide.

The California ballot measure, Proposition 8, overturns the recent June ruling by the California State Supreme Court in the case In re Marriage Cases which reversed a 1977 statute passed by the California State Legislature and a 2000 ballot measure, Proposition 22, which also banned same-sex marriage by defining marriage as between a man and a woman. The wording of Proposition 8 is identical to Proposition 22. It was noted that many of the African-Americans and Latinos who cast their votes for Obama, also voted for the measure. The measure passed at 52% to 48%.

Lesbian comedian Ellen DeGeneres noted, "This morning, when it was clear that Proposition 8 had passed in California, I can’t explain the feeling I had. I was saddened beyond belief. Here we just had a giant step toward equality and then on the very next day, we took a giant step away."

Singer Melissa Etheridge, who is also a lesbian, stated that she would no longer pay taxes due to the passing of Proposition 8, announcing in a blog post, "Okay, so I am taking that to mean I do not have to pay my state taxes because I am not a full citizen."

Also in California, voters rejected a measure which would require parental notification for a minor to receive an abortion. The measure was rejected with the same percentage as Proposition 8, 52% to 48%. Meanwhile in Colorado, voters rejected a measure that would define life as beginning at conception. While the measure did not specifically mention abortion it would have required legislators and courts to confront legal rights for fetuses - effectively preventing abortion. The measure was defeated in a wide margin, 73% to 27%

In South Dakota, voters also defeated an anti-abortion measure which would have outlawed abortion in all cases except in the case of rape, incest or if the mother's health was in serious question. If passed, the law would most likely have been challenged as unconstitutional.

In Michigan, voters approved a measure which legalizes medical marijuana. Meanwhile, in Massachusetts, voters approved a ballot question that decriminalizes possession of small amounts of marijuana in which the possession of an ounce or less would be punishable by a $100 fine. The measure will also require minors under the age 18 to participate in and complete a drug awareness program and do community service. Failure to do so, would net the minor a $1,000 fine.

"Tonight's results represent a sea change. Voters have spectacularly rejected eight years of the most intense government war on marijuana since the days of 'Reefer Madness,'" said Rob Kampia, executive director of the Marijuana Policy Project. "The people were ahead of the politicians on this issue; they recognize and want a more sensible approach to our marijuana policy," said Whitney Taylor, the chair of Committee for Sensible Marijuana Policy, which backed the Massachusetts proposition.

Also, in Massachusetts, voters overwhelmingly, in every single Massachusetts city and town, rejected a ballot measure which would have eliminated the state income tax by 2010, the ballot measure was sponsored by the Committee for Small Government, which is headed up by two libertarians, Michael Cloud, a Libertarian Party candidate for U.S. Senate in 2002 and Carla Howell, Libertarian Party candidate for governor in the 2002 Massachusetts gubernatorial election.

The last time the income tax elimination measure was on the ballot was in 2002, where it was defeated, narrowly by 45.3%. This stunned supporters of the income tax, who mounted a fierce campaign against the measure this time warning Massachusetts residents that repealing the income tax would have drastic effects on the state's finances, leading to cuts in services, education and local aid.

Finally, voters passed a question which bans dog racing in Massachusetts, which will lead to the closure of Massachusetts' two greyhound racing tracks, Raynham-Taunton Greyhound Park and Wonderland Greyhound Park.

The campaign against dog racing was headed up by the Committee to Protect Dogs and endorsed by GREY2K USA and the American Society for the Prevention of Cruelty to Animals along with other animal protection organizations who claimed that dog racing was inhumane as the dogs were stuffed into cramped cages and endured injuries. The measure was opposed by the park owners including George Carney who owns the Rayham-Taunton park and Charles Sarkis, a restaurateur who owns Wonderland.

"We did it. We did it for the dogs," said Carey Thiel, executive director of GREY2K USA. "For 75 years, greyhounds in our state have endured terrible confinement and suffered serious injuries. We're better than that," Thiel added.

One campaign supporter, Sandy Bigelow noted, "It means everything. We've worked so hard for the dogs and they heard us. It feels so good. Oh, God, it feels so good."

George Carney said of the results, "It's not a very pleasant thing right now. Some of these people have been here 40 years. Here's a company that did nothing wrong, paid their federal taxes on time, paid the town on time. The town is going to be a severe loser, and a lot of people here dedicated their life to the company."

Both sides used emotionally-charged advertisements, the anti-racing side showing “sad-eyed greyhounds,” while the pro-racing side highlighted the workers who would be out of work when the tracks close.

Both measures must now come before the Massachusetts Governor's Council for approval.

A ballot initiative approved by voters in the north-western state of Washington will make it the second state to permit physician-assisted suicide. Initiative 1000 follows the ten-year-old example of the Death With Dignity Act of neighboring Oregon, and will allow physicians to prescribe a lethal dose of medication for a terminally ill patient to administer themselves. It was approved by a margin of 16%, and the ‘Yes’ campaign outspent the ‘No’ campaign by more than three-to-one. The law comes into effect in 2009.