2008 Ballot Propositions Transcript

PROPOSITION 102, MARRIAGE AMENDMENT:

Secretary Brewer Explanation of a Yes and No Vote

SECRETARY JAN BREWER: A yes vote shall have the effect of amending the Arizona constitution to define marriage as a union between one man and one woman, while maintaining the current statutory law of the State of Arizona, which prohibits marriage between persons of the same sex.

A no vote shall have the effect of maintaining the current statutory law of the State of Arizona, which prohibits marriage between persons of the same sex, but would not amend the Arizona constitution to define marriage as a union between one man and one woman.

Argument For Proposition 102

MS. MICHELE BAER: This November, Arizonans have the opportunity to say yes for marriage by voting yes on Proposition 102. Proposition 102 is 20 simple and clear words that define marriage as the union of one man and one woman. Yes, Proposition 102 is that simple. And that's what's great about it. It doesn't require piles of political rhetoric to make the case for a timeless truth in which most Arizonans already believe; one man, one woman, that's marriage.

I would encourage you to read the 20 simple words that make up Prop 102 for yourself. Only a union of one man and one woman shall be valid or recognized as a marriage in this state. That's it. When something is that simple and clear, it speaks for itself. Unlike most propositions that can be confusing, Proposition 102 is short and only deals with a single issue, marriage. Prop 102's simplicity makes it easy to understand and eliminates any possible confusion.

A yes vote places those 20 simple words defining marriage in our state constitution. Passing Prop 102 is important. In May, California judges redefined marriage in that state. The same thing could happen here, and there's only one way to do anything about it. Passing Prop 102 to amend the constitution will secure the definition of marriage in the highest law in our state. This will prevent judges or politicians from redefining marriage here like they did in California.

This November, the people of Arizona have the opportunity to secure the definition of marriage for our children and grandchildren. We encourage everyone to visit our Website, which is www.yesformarriage.com. That's Y-E-S-F-O-R-MARRIAGE.com. Then on November 4th, Arizonans can join together and make a stand to say yes for marriage. Yes on 102.

Argument Against Proposition 102

MS. CYNTHIA LEIGH LEWIS: Vote no on Prop 102 to keep politicians out of marriage. Arizona has a budget deficit of over $3 billion dollars, and our schools are in dire need of help, but what does the state legislature spend their time debating? Marriage. Even though it's already defined in state law as between one man and one woman, and even though we voted on this two years ago.

Arizona law already defines marriage between a man and a woman. This statute has been in effect for more than 12 years. Politicians are trying to tell Arizonans how to live their lives. Arizona law states that marriage is only between one man and one woman. And since marriage is already clearly defined in state law, and since our courts, which have upheld this statute by saying that it's already constitutional, politicians are trying to change the constitution again and again.

In 2006, voters were asked to change the constitution and they said no. Politicians are not listening to us. Do they think we are dumb? Voters should be asking themselves: Why are we voting on this again? Politicians won't do anything to solve the important problems facing and threatening our families in Arizona. Instead, they are putting divisive issues in front of us.

To be clear, to avoid confusion, and to reiterate, marriage in Arizona is already clearly defined as between one man and one woman. Our courts have upheld this statute as already being constitutional.

Vote no on Prop 102 to keep politicians out of marriage. Vote no on Prop 102 again. Trust the people. Visit our Website, www.aztogether.org, and remember on November 4th, vote no on Prop 102 to keep politicians out of marriage. Vote no on Prop 102 again.

MODERATOR CAREY PFEFFER: Two minutes.

MS. CYNTHIA LEIGH LEWIS: Trust the people.

MODERATOR CAREY PFEFFER: Thank you.

Questions and Answers for Proposition 102

We have a number of questions that center around this same issue. And so, we'll sort of summarize with this question. This one is from Margaret: Does state law already define marriage as between one man and one woman? Does this change that?

MR. MIKE BRAUN: Carey, I think that question gets to the issue of the validity of a state statute, and how that may be changed, and the validity of a constitutional provision and how that may be changed. There are -- there is a state statute that does define marriage as between a man and a woman. That state statute could be changed by the existing legislature or a future legislature with a simple majority vote. A provision in the constitution can only be changed with another vote of the people. So, while the law would remain the same, the ability to change it would be distinctly different between a state statute and a provision in the constitution.

MODERATOR CAREY PFEFFER: A question about Proposition 102 from Meg. Proposition 102 is the Marriage Amendment. The question is: If Proposition 102 were to pass or fail, how will this change or have any effect on the rights and protections of Arizona children? The question, again, deals with Proposition 102, the Marriage Amendment. And the question deals with: Would it have any effect on the rights or protections for Arizona children?

MR. JOSEPH KANEFIELD: I don't believe whether this measure, Proposition 102, passes or fails will have any effect on -- direct effect on children. It -- it would define a marriage in the State of Arizona as a union of one man and one woman. Obviously, in order to be married in the state, you have to be of majority. So, the technical answer is, I guess, directly it doesn't have an impact on children.

MODERATOR CAREY PFEFFER: A question from Sylvia about Proposition 102, the Marriage Amendment: If we already have a law here, what does a yes vote on Proposition 102 really do?

MR. JOSEPH KANEFIELD: It is correct that we do have a law governing the definition of marriage, but that's a law that's in the state statute. What Proposition 102 proposes to do is define marriage in the state constitution. In order to amend the state constitution, that would require a vote of the people, while statutes can be amended by the legislature itself, through a simple majority vote of the legislature.

MODERATOR CAREY PFEFFER: A question from Kelly regarding the Marriage Amendment, Proposition 102: What will happen to the existing state statute if this amendment that Arizona turned down two years ago fails again? Is there any impact if it is -- if -- if the majority of voters say no on Proposition 102, any impact on existing state law?

MR. MIKE BRAUN: Carey, if the thrust of that question is does defeat of this measure effect the state statute, not immediately, and not directly at all. Although, again, the statute could be amended or repealed through legislative action. It would be subject to interpretation by courts that would not be as broad if it was in the constitution.

If the thrust of the question is that this is the same measure that was on the ballot two years ago, the measure that was on the ballot two years ago did contain the component of marriage being a union between one man and one woman, but the measure two years ago also included the provision that no legal status for unmarried persons could be created or recognized. That's not a portion of this ballot measure.