Issue date: 11/6/08 Section: News

Media Credit: Jesse Vasquez/Special to the State Hornet [Click to enlarge]

Media Credit: Jesse Vasquez/Special to the State Hornet Supporters and opponents of Proposition 8 gathered at the State Capitol Wednesday night and Thursday morning to debate the passing of the measure. [Click to enlarge]

Media Credit: Jesse Vasquez/Special to the State Hornet The Sacramento Police Department briefly detained three supporters of the initiative after fights broke out. [Click to enlarge]

Opponents and supporters of Proposition 8, the ballot measure banning same-sex marriage, took to the streets of Sacramento Wednesday night as the battle over the controversial initiative continued up and down the state.

Hundreds of protestors from both sides gathered at the western side of the State Capitol and taunted each other from across the street. Police cordoned off 10th Street between L and N streets and officers stood in the middle of the road, keeping the two sides apart.

Sac State student Jennifer Crow, senior liberal studies major, said she heard about the protest while watching the news on television and came out to support the opposition against Proposition 8.

"Being a straight girl, I believe everyone should have the right to marry," she said. "I'm not a person to judge others and as a Christian I have been taught that I should not judge others.

Proposition 8 was passed by California voters Tuesday by a 52 to 48 percent margin.

Opponents of the measure refused to concede defeat Wednesday and organized rallies in several California cities, including San Francisco and Los Angeles.

An anti-Proposition 8 rally began at 5 p.m. at the Sacramento Gay and Lesbian Center at 1927 L Street and moved to the Capitol about an hour later. Supporters of the initiative converged on the Capitol to confront the protestors.

While waving signs, the two sides chanted slogans, sang and hurled insults at each other. Some protesters from both sides occasionally crossed the street, moving between lines of police officers, to engage each other in debate over the issue. Most of these exchanges were civil, but violence broke out at 12:36 a.m. Thursday.

A group of Proposition 8 supporters crossed 10th Street and moved into the crowd of opponents. As the supporters of the measure pushed their way into the crowd, fights broke out. Police stepped in and separated the groups, briefly detaining three supporters of the initiative in the back of police cars.

Early media reports stated that the Sacramento Police Department had deployed officers in riot gear in case trouble broke out.

Police department spokesperson Lt. Justin Ecklund denied these reports. He said that while officers carry such equipment in their cars, no officers were on the scene in riot gear. He said the police expected no major trouble from the protestors and were there as a calming presence.

"Both sides are passionate about the issue and have every right to demonstrate," Ecklund said. "We just want it done peacefully."

Sacramento State student Tyler Ray, sophomore family and consumer science major, came to protest the passage of Proposition 8. He said he felt it was important to show people who the initiative affects.

"As a young, gay American I want to fight for my rights," Ray said. "It's important to show our presence and keep fighting."

Luke Osterstad of the legislative affairs committee of the student government at American River College said he came out to let Proposition 8 opponents know that they had to accept defeat. He said he was also there as a representative of American River College's student government, which endorsed Proposition 8 last month. Following the endorsement, the college's student government faced a recall vote on their campus organized by Proposition 8 opponents. The recall attempt failed.

Osterstad said that democracy had been returned to the people with the passing of the measure after it was circumvented by the judicial process.

The California Supreme Court legalized same-sex marriage in June, saying that it was unconstitutional to deny same-sex couples the right to marry. Following that ruling opponents to same-sex marriage worked to get Proposition 8 on the ballot for Tuesday's election. Proposition 8 amends the state constitution with the words, "Only marriage between a man and a woman is valid or recognized in California."

On Wednesday, The American Civil Liberties Union, Lambda Legal and the National Center for Lesbians Rights filed a petition with the California Supreme Court asking the court to invalidate Proposition 8.

These groups argue that the initiative process was improperly used. They claim that Proposition 8 is unconstitutional because it goes against an underlying principle of the state constitution that guarantees equality for all Californians. The groups contend that such a major change to the state constitution can only be made if it is first approved by the State Legislature before it is put to voters.

On learning of the legal action while at the protest, Proposition 8 supporter and American River College student Victor Svityashchuk said the state Supreme Court caused problem in the first place.

"Four judges came out of nowhere and tossed out the previous ban on gay marriage," he said. "Hopefully that doesn't happen again."

Proposition 8 supporter and American River College student Demitry Kushyir said he came out to protest because it was his religious duty to oppose same-sex marriage.

"This is against the bible," he said. "I could die tonight and have to stand before God and he will say, 'Show me something you did for me.' So I had to come."

Lt. Ecklund of the Sacramento Police Department said that the police had no plans to break up the protests, but hoped protestors would get tired and begin to leave through the night.

Around 1 a.m. the majority of Proposition 8 supporters began to leave the Capitol. As they walked away opponents of the measure began singing, "Nyah, nyah, nyah, hey, hey, goodbye."

Opponents of the initiative remained and said they would stay later into the night, and that they planned to continue protesting in the days ahead.

"We will continue to fight," said Sac State student J.P. Villa, junior theater arts major." We will continue to be here for people who can't. Our rights have to be recognized."

Also on Wednesday night, hundreds of opponents of Proposition 8 rallied at San Francisco's City Hall and more than a thousand anti-Proposition 8 demonstrators marched through the streets of West Hollywood.

Todd Wilson can be reached at twilson@statehornet.com

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