No On 8 Says “Not So Fast”

Citing as many as four million still uncounted ballots, California marriage equality advocates are refusing to concede a loss on Proposition 8.

The Associated Press this morning reported that Californians adopted the measure calling for a constitutional amendment outlawing same-sex marriage and overturning the state Supreme Court decision that gave gay couples the right to wed just months ago. But opponents of the measure say they would not concede the outcome, despite vote totals showing supporters of Proposition 8 with a 400,000-vote advantage. Kate Kendall, executive director of the National Center for Lesbian Rights, said 3 million to 4 million ballots remain uncounted statewide.

“The fact is depending on the turnout model we are looking at millions of votes yet to be counted,” Kendall said. The race is too close to call. People’s fundamental rights hang in the balance.” Passage of Proposition 8 could represent a crushing political defeat for gay rights activists, who had hoped public opinion on the contentious issue had shifted enough to help them defeat the measure.

It also could represent a personal loss for the thousands of couples from California and others states who got married in the brief window when they could. Legal experts have said it will have to be resolved in court whether their unions remain valid if Proposition 8 is approved.

Secretary of State Debra Bowen was expected to issue an estimate of the number of uncounted ballots late today or Thursday. It could take days to process all of them. Proposition 8 supporters declared victory early today, saying their model shows them with an insurmountable lead.

Frank Schubert, manager of the Yes on 8 campaign, declared victory shortly after midnight — but opponents called that declaration “presumptuous.” “We had more than 100,000 (supporters) walk precincts for us, and they have delivered a great victory,” Schubert told supporters.

Yes On 8’s lead has widened by almost 100,000 over the afternoon.

All Precincts Totals

ChoiceVotes%
(checked)Yes5,319,90552.4%
No4,841,73647.6%

98% of precincts reporting Updated 11/05 12:20PM PST