California Proposition 22 (2000)

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California Proposition 22, known also as Prop 22, was a proposition proposed and passed in 2000 that barred California's recognition of same-sex marriages contracted outside of California. The proposition amended California's marriage law, adding section 308.5 of the Family Code stating Only marriage between a man and a woman is valid or recognized in California. The proposition was not necessary to prohibit same-sex marriage in California, since section 300 of the Family Code already stated that "Marriage is a personal relation arising out of a civil contract between a man and a woman." But the proposition's language ensured that if another state allowed same-sex marriages, California would not recognize the unions and the spouses would not be eligible for the legal rights and privileges of marriage.

The proposition received considerable controversy, but was eventually passed. Prop 22 received the support of 61.4% (4,618,673) of the voters while 38.6% (2,909,370) voted against the proposition.[1]

On February 19, 2004, the city and county of San Francisco filed a lawsuit against the state challenging the law. This lawsuit came out at the same time that San Francisco city officials attempted to issue marriage licenses to same-sex couples.

In March, Judge Richard Kramer overturned Proposition 22. "There appears to be no rational reason for limiting marriage to opposite sexes," Kramer wrote. Continued Kramer, "California cannot prohibit same-sex marriage, solely because California has done so before." The State appealed the decision, and on July 10th, oral arguments were heard before the California Court of Appeal for the 1st District. A ruling must be issued by the Court before or on October 10th, 2006. The ruling may ultimately be appealed to the Supreme Court for the State of California.