Ban divorce? Ballot effort gets OK to gather signatures
California Secretary of State Debra Bowen today authorized the backer of an initiative that would ban divorce to begin collecting signatures to put the proposed constitutional amendment before voters.
John Marcotte now has until March 22, 2010, to collect 694,354 signatures of registered voters in order to get the measure on the ballot next year. The proposal would change the California Constitution to "eliminate the ability of married couples to get divorced in California."
Couples could still get their marriages annulled under the proposal.
Here is the official text of the initiative:
ELIMINATES THE LAW ALLOWING MARRIED COUPLES TO DIVORCE. INITIATIVE CONSTITUTIONAL AMENDMENT. Changes the California Constitution to eliminate the ability of married couples to get divorced in California. Preserves the ability of married couples to seek an annulment. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Savings to the state of up to hundreds of millions of dollars annually for support of the court system due to the elimination of divorce proceedings.
--Jessica Garrison








It's amazing how many people are missing the point of this. For those of you who are upset about this "government intrusion" and "how dare other people tell me how to live," how did you vote on Prop 8? If you voted for it, do you see what this is driving at or is it different because those were gays? Or is the cognitive dissonance making it too hard to see?
No marriage ends in a gay marriage. It ends in divorce, annulment, or death (c.f. Henry VIII). If you want to protect marriage, the only way to do that is to prevent divorce.
Don't do this halfway people. You're trying to save marriage, aren't you?
Posted by: D | October 26, 2009 at 02:17 PM
Nevada will make a killing off of this if it is passed. First, six week waiting period for uncontested divorces, and second, hey the Silver State is right next door to the Golden State.
It would be interesting to know if the "annulment" provision in the bill is the legal or religious definition and how would child and spousal support be handled. After all an annulment means the marriage wasn't legal to begin with so therefore by extrapolation the children aren't legitimate and there is and was no spouse.
Posted by: Noelle | October 26, 2009 at 02:29 PM
As a follow up to my previous post - How will out of state divorces be handled? Will they be considered legal in California? Or will the former spouses also have to get an annulment as well? I can only imagine the problems with second marriages under this law if the parties were married and divorced out of state...
Posted by: Noelle | October 26, 2009 at 02:31 PM
Anyone seriously considering supporting or voting for this is illogical and insane. Do you seriously think you will be saving marriage by banning divorce? Do you think people will stay married just because they can't divorce? NO. They will either get an annulment or just stop cohabiting with their spouse. W0rst of all, it will cause women to lose the financial protections of child support and spousal support.
Posted by: MJS | October 26, 2009 at 02:50 PM
What is the point in floating a proposal that has a 100% chance of being defeated at the polls? Some people apparently have too much time on their hands.
Posted by: Taggart | October 26, 2009 at 03:08 PM
What is the point in floating a proposal that has a 100% chance of being defeated at the polls? Some people apparently have too much time on their hands.
Posted by: Taggart | October 26, 2009 at 03:08 PM
God must be laughing at our stupidity.
Posted by: Wendy | October 26, 2009 at 03:09 PM
I love it! Now, let's hear from the hypocritical, right-wingers and their "Family Values" BS when it comes to something that directly affects them! I'll sign!
Posted by: Elaine | October 26, 2009 at 03:47 PM
the more sensible thing would be to ban marriage in the first place.
Posted by: cindy | October 26, 2009 at 04:17 PM
All good christians should be backing this ballot initiative! The bible says divorce is a sin. plus, it tears apart families and is BAD FOR THE CHILDREN. If gay marriage can be banned, divorce should be too, period. Lets see how the hypocrites like their rights being put up for popular vote. Adultry and pre-marital sex should be next!
Posted by: moomoo72 | October 26, 2009 at 04:20 PM
Wouldn't it be easier to just ban marriage? If marriage were to be ban it would take care of so many issues:
1. No need to ban divorce anymore
2. Mormons wouldn't have to worry about the gays getting married
3. Crazy Bridezillas
Posted by: MD | October 26, 2009 at 10:04 PM
Seriously though, what percentage of people getting divorced are victims of domestic violence? My guess is that it is pretty low.
None of the people who are claiming a right to a divorce have a leg to stand on since Prop 8 established that rights can be put up to a popular vote.
Armando
Posted by: Armando Ramirez | October 26, 2009 at 10:04 PM
I wonder if the LA Times purposely left out the background on this?
People, google is your friend.
Marcotte is not a fundamentalist in anything other than the rights of ALL PEOPLE.
Posted by: sarahntastic | October 26, 2009 at 10:55 PM
I was wondering when this would happen.
Posted by: GNB | October 27, 2009 at 05:57 AM
Gays force their views on everyone, now the Christians get to do the same! Cant get mad when it goes the other way!! I love this...
Posted by: Guest | October 27, 2009 at 06:01 PM
good, now people will really think about getting married. im married and i dont believe in divorce. im ready to give a signature;)
Posted by: irene31 | October 28, 2009 at 07:26 AM
This wouldn't prevent spouses (abused or otherwise) from separating from their husbands/wives and living a separate life. They simply can't divorce them.
Posted by: JesMe | October 28, 2009 at 07:13 PM
Christians and Mormons always use the Bible to justify banning gay marriage. Now it's time for them to have a taste of their own medicine. The Bible says divorce is wrong, so let's ban it! Marriage is supposed to be for life, the Bible says so.
Posted by: Sick of Homophobes | October 28, 2009 at 08:18 PM
Marriage is sacred so clearly we should ban divorce. We also should NOT be teaching about divorce in school. Our children need to learn that once you commit in marriage you have to commit for life.
Posted by: Mattthew | November 02, 2009 at 11:52 AM
See, the CA initiative process is obviously flawed if propositions such as these could potentially get on the June ballot. Our constitution is way to easy to amend, and anybody can do it with enough signatures.
Posted by: Andrew Postal | November 02, 2009 at 12:34 PM
All you people saying this is stupid or a joke are missing the point - it's meant to make the anti gay-marriage dummies that their "sanctity of marriage" argument is crap. 50% of people get divorced, but yet they have no problem allowing all the straight people to destroy the sanctity by getting divorced. I think this is brilliant, and I wish I still lived in CA so I could sign it.
Posted by: David | November 03, 2009 at 11:09 AM
Look at the big picture- this prop isn't about banning divorce- It's about privacy and the right for 2 people to chose what's best for their lives.... hmmm, sound familiar? ANYONE opposed to banning divorce should take a loooong look at themselves, you are a HYPOCRITE. If it isn't anyone's business to say wether or not people can get divorced, then it isn't anyone's business to say wether same sex people have the same BASIC RIGHT TO CHOSE FOR ONE'S SELF WHO TO MARRY-NOT MARRY- OR UNMARRY. Divorce is a valuable right. So is marriage- for ALL PEOPLE.
Posted by: sil | November 03, 2009 at 04:56 PM
Adultery should also be outlawed. Strict penalties for breaking the marriage vow. Adultery is a leading cause of divorce and family dissolvment.
Posted by: tesla | November 04, 2009 at 06:43 AM
Adultery should also be outlawed. Strict penalties for breaking the marriage vow. Adultery is a leading cause of divorce and family dissolvment.
Posted by: tesla | November 04, 2009 at 06:43 AM
Divorce is not a family value! It destroys families and damages children. I will sign that petition as soon as I can. What is so funny about a prop that defends true family values?
Posted by: dan | November 04, 2009 at 06:49 AM