Thursday, November 6, 2008

Florida, Arizona & California ban gay marriage, as vote count on Ca.'s Proposition 8 finalized

DAILY NEWS

Updated Thursday, November 6th 2008, 4:52 AM

When it came to gay rights, voters in several states delivered a clear Election Night message: No, you can't.

While voters shattered racial barriers to elect Barack Obama, the nation's gays suffered a series of stunning defeats in their battle for equality as spouses and parents.

"It breaks my heart," said Leigh Grode, 50, a Queens native now living in Los Angeles with her spouse, Joan Spitler. "We're just so depressed. ... This is going backward."

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California voters - in some cases, the same ones who propelled Obama to his historic win - chose to ban gay marriage in their state just six months after a court ruled the unions legal.

Florida and Arizona voters also voted against same-sex marriage. Arkansas passed a measure barring unmarried couples from taking in foster kids or adopting children - a move aimed directly at gays, its supporters said.

"The evening became bittersweet," said former "Star Trek" star George Takei, who watched in dismay as California's contentious Proposition 8 passed.

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Even if it didn't happen Tuesday night.

"It's unfortunate that people spent their time and energy trying to stop us from loving who we love," said Stephanie Anne Davies, 47, a Brooklyn writer who married her partner of 13 years last month in California.

Like Takei and 18,000 other same-sex couples, the pair took advantage of a May court decision making gay marriage legal in California. Opponents put Proposition 8 on the ballot to overturn the court decision. The sides spent a combined $74 million on the most expensive social-issues campaign in U.S. history.

Exit polls showed the black voters who turned out in huge numbers for Obama were nearly 70% in favor of the gay marriage ban - clearly a mixed message on tolerance. Twenty-seven other states have passed similar bans. Only Massachusetts and Connecticut now allow same-sex vows.

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"Here we just had a giant step towards equality and then on the very next day, we took a giant step away," said talk-show host Ellen DeGeneres in a statement. (Read the full text below.)

Gay marriages celebrated in California since May will remain valid - although legal challenges are likely, officials said.

The American Civil Liberties Union and the gay rights group Lambda Legal moved Wednesday to throw out the vote, arguing the dramatic change requires approval from the Legislature and not the voters. The California Supreme Court rejected the same argument in June when opponents tried to knock the proposition off the ballot.

ndillon@nydailynews.com

Ellen DeGeneres' statement on Tuesday's vote

"Watching the returns on election night was an amazing experience. Barack Obama is our new president. Change is here. I, like millions of Americans, felt like we had taken a giant step towards equality. We were watching history.

"This morning, when it was clear that Proposition 8 had passed in California, I can’t explain the feeling I had. I was saddened beyond belief. Here we just had a giant step towards equality and then on the very next day, we took a giant step away.

"I believe one day a 'ban on gay marriage' will sound totally ridiculous. In the meantime, I will continue to speak out for equality for all of us."

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