California voters back ban on same-sex marriage

ByABC News
November 5, 2008, 4:01 PM

— -- California voters approved a ban on same-sex marriage Tuesday, and voters in several states approved ballot measures that will legalize marijuana and use gambling to fund education.

The California vote overturns a recent state Supreme Court decision that gave gay couples the right to marry. Still unresolved: Whether the marriages thousands of couples from California and elsewhere are still legally valid in light of the vote.

Massachusetts voters approved decriminalizing possession of 1 ounce or less of marijuana. Under the new law, taking effect in 30 days, those caught must give up the marijuana and pay a $100 fine but won't face criminal penalties. Eleven other states have similar laws.

Michigan became the 13th state to allow residents with a doctor's approval to use marijuana to treat pain caused by cancer and other diseases.

"This is potentially a sea change," says Bruce Mirken, spokesman of the Marijuana Policy Project, a group working to legalize the drug. He says the dual victories come despite eight years of tough federal laws against marijuana. "Voters have said, loudly, 'Enough.' "

The marijuana initiatives were among 153 measures on ballots in 36 states, 59 resulting from citizen petitions covering a range of economic and social issues.

In Arkansas, voters approved a ban on unmarried couples adopting or being foster parents.

Gambling, which gives states revenue without directly increasing taxes, was on the ballot in eight states. Maryland voters approved a measure that legalizes slot machines, dedicating half the revenue from up to 15,000 machines for public schools. Ohioans approved a state lottery to fund college scholarships.

"Voters think gambling is an acceptable way to pay for education," says Jennie Drage Bowser, who has been analyzing ballot measures for more than a decade at the National Conference of State Legislatures.

Ohio voters, however, also rejected a measure approving a new casino. And in Massachusetts, citizens approved a ban on commercial dog racing.