YOUR VOTE DOESN'T COUNT IN CALIFORNIA!
Proposition 187 is the California ballot measure that voters approved in 1994 with about 59% support. It aimed to deny public services like education and healthcare to undocumented immigrants and required public employees to report suspected undocumented individuals. However, it was immediately challenged in court and blocked mainly by a federal injunction in 1995. A U.S. District Court ruled it unconstitutional in 1997 for violating the Equal Protection Clause and interfering with federal immigration authority. The case ended in a 1999 settlement under Governor Gray Davis, effectively voiding the proposition without any significant implementation.
Proposition 8 (2008) was a voter-approved constitutional amendment banning same-sex marriage, which passed with 52% support but was effectively overturned by federal courts in 2010. Below are key similar examples: California propositions that voters passed but were largely or entirely struck down by courts. These highlight tensions between voter will and constitutional limits.
Proposition 14 (1964) – Repeal of the Rumford Fair Housing Act
• What it did: This initiative repealed the Rumford Act (a 1963 law banning housing discrimination based on race, color, religion, ancestry, or national origin) and barred future state or local fair housing laws, effectively legalizing discriminatory real estate practices.
• Vote outcome: Passed overwhelmingly with 65.9% support (about 4.5 million yes votes).
Proposition 209 (1996) – California Civil Rights Initiative (Ban on Affirmative Action)
• What it did: Amended the state constitution to prohibit state and local governments from considering race, sex, color, ethnicity, or national origin in public employment, education, or contracting—effectively ending affirmative action programs.
• Vote outcome: Passed with 54.5% support (about 4.7 million yes votes).
Other Notable Mentions (Partial Overturns or Closely Related)
• Proposition 187 (1994): Passed (59%) to deny services to undocumented immigrants; blocked by federal courts in 1998 for federal preemption and equal protection issues. (As discussed previously.)
• Proposition 140 (1990): Passed (52%) imposing term limits; partially upheld but modified by courts (e.g., Vogel v. County of Los Angeles, 1993, adjusted application to local offices).
• Proposition 11 (2008): Passed (53.7%), creating an independent redistricting commission; upheld overall but faced challenges on implementation details.
These cases illustrate a pattern: Voter-approved measures on hot-button social or economic issues. California has seen over 400 initiatives qualify since 1911, with approximately 35% passing—but roughly 10-15% of those have faced successful legal challenges. For more, check Ballotpedia’s historical database.
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