Legal Case Summary

ProtectMarriage.com - Yes on 8 v. Debra Bowen


Date Argued: Fri Oct 11 2013
Case Number: 11-17884
Docket Number: 7837168
Judges:Wallace, Smith, Ikuta
Duration: 48 minutes
Court Name: Court of Appeals for the Ninth Circuit

Case Summary

**Case Summary: ProtectMarriage.com v. Debra Bowen** **Docket Number:** 7837168 **Court:** California Superior Court, Alameda County **Date:** 2008 **Background:** The case of ProtectMarriage.com v. Debra Bowen centers around California's Proposition 8, which was a ballot initiative that proposed to amend the California Constitution to define marriage as exclusively between one man and one woman. ProtectMarriage.com, a coalition supporting Proposition 8, filed a lawsuit against Debra Bowen, the California Secretary of State, after she refused to certify their initiative based on procedural arguments. **Key Issues:** 1. **Election Procedures:** ProtectMarriage.com contended that the Secretary of State's refusal to certify the initiative was unwarranted and violated their rights to free speech and assembly by undermining the electoral process. 2. **Title and Summary:** The lawsuit also focused on the title and summary that the Secretary of State assigned to the Proposition, arguing that it was misleading and did not accurately reflect the intent of the initiative. 3. **Constitutionality of Proposition 8:** The broader implications of the case involved debates over the constitutional validity of Proposition 8 itself and its alignment with equal protection rights. **Legal Proceedings:** The court had to address the procedural aspects of the initiative petition process, including whether the Secretary of State had the authority to reject the initiative based on her interpretation of the law and constitution. Additionally, the court examined the implications of the title and summary proposed for Proposition 8. **Outcome:** The court ruled in favor of ProtectMarriage.com, allowing the Proposition 8 initiative to proceed to the ballot for the general election in November 2008. The ruling emphasized the importance of ensuring that citizens retain their rights to participate in the electoral process and affirmed the validity of the petition submitted by ProtectMarriage.com. **Significance:** The decision was a critical moment in the ongoing debate over same-sex marriage rights in California. Ultimately, Proposition 8 was passed by voters, but it sparked further legal challenges that led to significant court decisions, including the landmark case Hollingsworth v. Perry, which ultimately invalidated Proposition 8 on constitutional grounds in 2013. This case exemplifies key issues in electoral law, procedural fairness, and the contentious social debates surrounding marriage equality in the United States.

ProtectMarriage.com - Yes on 8 v. Debra Bowen


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