"Homosexuality has existed forever, yet in the U.S., it has only been legal since 2003. Massachusetts was the first state to legalize gay marriage in 2004, following a state supreme court ruling."--AJ Morales
In 2008, California briefly legalized same-sex marriage from June 16th to November 4th, before it was overturned by Proposition 8. Knowing that same-sex marriage was banned for a period of time is very odd, especially knowing that California is a very left-leaning state filled with a lot of queer people and LGBTQ safe spaces, even during that time.
“California, the state with the nation’s largest LGBTQ population,” reports CAL MATTERS, “was thrust into national spotlight in 2004, when then-San Francisco Mayor Gavin Newsom began issuing marriage licenses to same-sex couples, defying a federal ban on gay marriage. The California Supreme Court quickly shut it down, and Californians voted in 2008 to ban same-sex marriage in the state.”
The ban on same-sex marriage was a devastating event for all LGBTQ people, especially for my parents. The entire time it was being voted on was terrifying. “I was pregnant with our first child when the ballot measure began,” my mom, Victoria Morales, explained. “One of the most disappointing things was attending a baby shower that was hosted by my partner's [Maria Jimenez] family friends. There in the home, a “Vote YES on Prop 8’ sign was openly displayed.”
Maria Luisa Jimenez, Victoria's partner at the time, said that the whole thing felt “...very awkward and sad,” explaining that her friends and family were very conservative people. “They talked about it during the party—Marlene's [her sister's] very Christian and Conservative friends and family.”
Because of the upcoming ban–before it was voted on–my parents had to make a very hard decision. “My due date was November 11th, which was after the voting day of November 5th, 2008. Same-sex marriages had been allowed again beginning in May 2008, after a court ruling. We decided to get married somewhat sooner than we were planning, just in case the proposition passed,” Victoria explained.
Sadly, because they were so worried and had to get married on a whim, it wasn't the type of ceremony they wanted. “We were married in a courthouse ceremony with only our parents present. I was six months pregnant. We wanted to put some protections in place as new parents. If anything happened to me during childbirth, we wanted to be sure that my partner could have parental rights and spousal rights.”
Maria agreed, saying, “We really wanted to get some protections in place since we were starting a family together. We were already domestic partners, but marriage would have given us more rights. We were anxious to see whether it would pass or not.” A domestic partnership is a legally recognized relationship between two unmarried adults who live together and share a committed, intimate, and caring life. It grants couples state-level rights (such as insurance, inheritance, and medical decision-making), but it is generally not recognized by federal law.
Even as my mom, Victoria, was giving birth, she was still doing everything she could to ensure that she and my other mother, Maria, had the same rights as straight spouses and new parents. “Because of the uncertainty, we also worked with a lawyer to draft a will and trust, for as many layers of protection as we could get. I signed the many forms in between contractions while in labor to finalize it all before the baby was born.”
I asked Victoria how she felt when Proposition 8 passed. “I was devastated. My baby was a month old. I was super tired and distracted, being a brand-new mom.”
Victoria explained that during that time, “There was so much propaganda. I did have some fear, but more so, I had anger,” she continued. “I was simply angry that a majority vote could take away the rights of a small, marginalized group. Why would others be able to decide what rights I could have as a queer person? Really, how does my marriage pose a threat to anyone else?”
After a long fight between the LGBTQ community, the Supreme Court, and other Californians, “... the U.S. Supreme Court in 2013 allowed same-sex marriage to resume in California, and the high court legalized same-sex marriage nationwide in a historic 2015 decision.”
Now this era was an era of Pride and celebration. The people in the LGBTQ community were all collectively overjoyed because of this decision. Queer people could finally marry legally.
Yet, there was still lingering unease.
“At the time we were married in August 2008, it didn't feel secure,” Victoria expressed. “After the election in November 2008, I was sad that same-sex marriages were immediately halted for others, like me, because everyone should have the right to marry. I was relieved that my marriage was deemed effective and standing because rights could not be stripped retroactively. When all the court cases were finally settled over the next few years, I was relieved that same-sex marriages would resume.”
Maria said that even through all of that, they were “...so happy when it passed.”
I asked both of them how they're feeling about it today. The two shared different answers, each explaining their views of the current administration. “Public opinion has changed a lot, so I am not afraid that it will be appealed,” said Maria, noting that she feels that there is more support for gay marriage. Victoria, on the other hand, is less optimistic. “...Under this current administration, I am worried about everything. So many rights are being dismantled and removed.”
The fear of same-sex marriage being repealed is a real fear. In 2025, the ACLU reported 616 anti-LGBTQ bills in the U.S., with states like Texas, Montana, Oklahoma, Missouri, Mississippi, and many more having more than 16 anti-LGBTQ bills proposed.
Yet, many people still have hope. There has been rising support for a couple of years. In 2024, CAL MATTERS held a poll, asking, “If the election were held today, would you vote yes or no?” referring to same-sex marriage, and whether it should be legal. The poll’s results showed that 67% of people who participated voted yes, 32% voted no, and 2% of people said that they felt undecided. Even though a chunk of people voted no, 67% of people who participated voted yes, which meant same-sex marriage would be legalized if it were voted on at that time.
I decided to ask students about their feelings surrounding this topic, one of them being Alice Stewart, a 7th-grade OSA student in Literary Arts. I asked her if she knew that gay marriage had only been legal in many states for around 16 years. She said, “Yes, I know that gay marriage was only made legal relatively recently, and that just makes me feel sad.” She also said, “There are people I know who aren't even adults, and they were born before gay marriage was legal, and that's just depressing. I also think it sucks that such a basic right took until the 21st century to achieve.” Explaining how she felt, knowing the law that says same-sex marriage is legal in California, is younger than some people she knows.
When I asked her if 16 years is a long time for same-sex marriage to be legal, she replied, “If something as simple as the right to marry whoever you want has only been around for 16 years, that says a lot about our society.”
I also interviewed 8th-grader Cece Burger. I asked her about it, and she explained what it's like for her as a member of the LGBTQ community. “ I think since our community is so accepting and woke, we forget that the rest of the world still wants queer people down,” Burger explained. “...and it's sad, scary, and insane.” I asked her the same question about the length of time same-sex marriage has been legal, and she said, “I don't think it's very long, and I think it's sad it took us that long to declare love as love and not as something illegal and bad, or god forbid, a mental illness."
To learn more about the history of the LGBTQ community, and how much we fought to get here, and how much we will continue to fight to keep our rights–as well as learning about the community–you can visit www.thetrevorproject.org/resources/.