California poised to ban gay marriage, reject marijuana decriminalization

November 4, 11:15 PMCivil Liberties ExaminerJ.D. Tuccille

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In one of the more shocking developments of a momentous election, California voters appear to be writing an amendment into the state constitution to ban gay marriage and restrict the institution to be "between a man and a woman." At the same time, they're giving thumbs down to a provision that would emphasize treatment over criminal penalties for drug offenders and decriminalize possession of up to an ounce of marijuana.

With 27.9% of precincts reporting, the controversial anti-gay-marriage Proposition 8 is leading by 52.4% to 47.6%. It's early yet, and there's time for the numbers to shift against the measure, but we weren't supposed to be here at all in a state generally considered to be welcoming to alternative lifestyles. In fact, the ballot effort to ban gay marriage, which was legalized earlier this year by the California Supreme Court, was trailing until proponents shifted gears and began emphasizing a message that included San Francisco Mayor Gavin Newsom's statement that marriage was now legal "whether you like it or not."

Probably not the wisest statement ever made by a politician in support of his preferred policy.

Proposition 5, the drug decriminalization measure, is going down by a decisive 62% to 38%. That may be less of a surprise in a state that also introduced the "three-strikes law," imposing tough penalties for even minor transgressions.

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Contact J.D.: civilliberties (at) tuccille.com