Proposition 8 opponents concede ban won

Opponents of the same-sex marriage ban conceded defeat Thursday despite the estimated 1.3 million-plus outstanding provisional and vote-by-mail ballots yet to be counted statewide.

“While we think that the margin will close, we are convinced we will not be able to overcome the small deficit that we are in,” said Geoff Kors, No on Prop. 8 executive committee member and part-time Palm Springs resident. “Prop. 8 will pass.”

Proposition 8 is the voter initiative that defines marriage as between a man and woman. It passed Tuesday with 52 percent of the vote.

As reported on mydesert.com, political pundits suggested the disconnect from the opinion surveys and the one poll that truly matters — Election Day — could be attributed to a get-out-the-vote effort that turned out large numbers of Latinos and blacks, traditionally socially conservative blocs.

Polls leading up to the election had predicted its defeat.

“We felt very good that it was going to pass despite the polls,” said Susan Finch, an Indio volunteer with the Yes on 8 campaign. “We always had a feeling the polls were wrong. But it was very close. It wouldn't have surprised me for it to go either way.”

While admitting a disappointing loss for gay civil rights, organizers acknowledged the ground they've gained since 2000, when voters overwhelmingly approved the gay marriage ban the state Supreme Court ruled unconstitutional this year.

“I do think as history judges this, there will be a moment in time when this will be recognized as a mistake,” said Kate Kendell, a No on Prop. 8 executive committee member.

Organizers blamed what they called “deplorable and dirty tactics” from Proposition 8 supporters, who successfully painted the debate as one in which young children would be taught about same-sex marriage and churches would lose their tax-exempt status.

Same-sex marriage is an issue that resonates with many, especially in the Palm Springs area, which boasts one of the largest gay populations per capita in the United States.

The amendment's passage has cast a cloud of uncertainty on the estimated 18,000 same- sex couples who have tied the knot since June 17, the first day gays and lesbians could legally marry. Of those, about 1,200 couples have married in the Coachella Valley.

Most legal scholars believe those marriages will be recognized.

California Attorney General Jerry Brown said the state would continue to honor those licenses. It remains to be seen whether Brown's decision will be legally challenged.

Wednesday, several organizations filed a writ petition with the California Supreme Court asking that Proposition 8 be invalidated.

Constitutional law and civil rights experts had expected a challenge to the amendment if it passed, saying it dramatically changes the state Constitution and should have required a convention.

A constitutional convention requires a two-thirds legislative vote, which most pundits believe is unlikely because the state Legislature has twice passed same-sex marriage laws that Gov. Schwarzenegger has vetoed.

The No on 8 campaign lost by about 400,000 votes. About 10 million voters weighed in on the issue Tuesday.