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California Voters Ban Gay Marriage
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By RANDAL C. ARCHIBOLD and ABBY GOODNOUGH
Published: November 5, 2008
LOS ANGELES — California voters have adopted a constitutional amendment banning same-sex marriage, The Associated Press reported Wednesday, joining voters in two other states who went to the polls Tuesday to overturn such unions.
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With almost all precincts in California reporting, the A.P. said, elections returns showed that the same-sex marriage ban initiative known as Proposition 8 won 52 percent of the vote. Some provisional and absentee ballots remained to be counted, but based on trends and the locations of outstanding votes, the initiative’s margin of support was secure, according to the A.P.
In Massachusetts, meanwhile, a proposal to eliminate the state income tax was rejected as voters nationwide considered a wealth of ballot initiatives.
Voters in 36 states weighed in on 153 ballot measures, including 59 initiated by citizens. Colorado had 14 ballot questions, more than any other state, including whether to ban race- and gender-based affirmative action. Early results showed that proposal would not pass, nor another that would define human life as beginning at fertilization, effectively giving fertilized eggs the same constitutional rights and protections as people.
Only three states this year had ballots that included bans on same-sex marriage, compared with 8 in 2006 and 11 in 2004.
The ban passed in all three states — the other two being Florida and Arizona — but its success in California, a trend-setter in so many arenas, was seen as major defeat for gay rights activists.
A total of $73 million was spent on the race there, a record for a ballot measure on a social issue, resulting in incessant television and radio commercials from both sides. Advocates of the ban played up their belief that without it, children could be taught about gay marriage in schools, while opponents likened approval to denying fundamental civil rights.
The measure came only months after California’s highest court ruled it constitutional, spurring thousands of gay couples to marry there.
“We pick ourselves up and trudge on,” said Kate Kendall, executive director of the National Center for Lesbian Rights. “There has been enormous movement in favor of full equality in eight short years. That is the direction this is heading, and if it’s not today or it’s not tomorrow, it will be soon.”
In Massachusetts, voters heeded the pleas of public officials and employees who said eliminating the state income tax would decimate the state budget and paralyze school systems, police departments and other agencies.
With 70 percent of precincts reporting just before 11 p.m. Tuesday, 30.6 percent of voters had endorsed the tax repeal, while 69.4 percent had rejected it. That suggested a far stronger defeat than in 2002, when a similar proposal came close to passing.
Opponents spent more than $4.5 million fighting the measure, which would have saved the average taxpayer here about $3,600 a year. The income tax provided about 40 percent, or $12.5 billion, of the state’s budget last year, and Gov. Deval Patrick was among many who warned of staggering cuts if it passed. Proponents pointed to recent corruption scandals as evidence that the state routinely squandered tax dollars.
Connecticut voters rejected a plan to hold a rare convention to make changes to its constitution. Opponents of same-sex marriage had expressed hope that a convention could lead to a ballot initiative to ban the practice, which the Connecticut Supreme Court ruled legal last month.
Connecticut is the third state, after Massachusetts and California, to allow marriage between people of the same sex.
In Michigan, voters decided to allow people with illnesses like cancer and multiple sclerosis to use marijuana.
In South Dakota, voters appeared to rebuff a proposal to ban all abortions in the state except those performed because of rape or incest or to protect a woman’s health. The question was almost identical to one the state’s voters rejected in 2006.
Early results showed voters in Arkansas supporting a proposal to ban unmarried couples from adopting or acting as foster parents, which critics said was unfairly aimed at gay men and lesbians. Residents of Washington were voting on whether to allow assisted suicide for the terminally ill, just as Oregon already does.
In addition to the income tax vote, Massachusetts residents embraced proposals to ban greyhound racing, a longtime tradition in the state, and to ease penalties for possession of an ounce or less of marijuana. Maine residents voted to repeal a new law that would increase taxes on beer and wine and impose new taxes on soda to finance the state’s health insurance system.
Among the more unusual measures on this year’s ballots was one in Florida that would repeal an old clause in the state constitution that allows legislators to bar Asian immigrants from owning land. The repeal would be symbolic, as equal protection laws would prevent lawmakers from applying the ban. With 78 percent of precincts reporting just before 11 p.m. Tuesday, the vote was close, with 52 percent voting to preserve the clause.

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