The San Francisco Foundation Supports Protecting Civil Rights by Formally Opposing Proposition 8

Proposition 8 on the November ballot would rewrite our California Constitution to limit marriage to between a man and a woman – denying same sex couples the respect, dignity, and responsibility that come with marriage. In May, the California Supreme Court ruled that legislation and initiative measures limiting marriage to opposite-sex couples violates the state constitutional rights of same-sex couples and may not be used to preclude same-sex couples from marrying. Such limits would infringe on same-sex couples’ constitutional rights to marry and to the equal protection of the laws as guaranteed by the California Constitution. Proposition 8 would effectively amend the constitution and codify discrimination against this class of marriage applicants.

After careful consideration, the Board of Trustees of The San Francisco Foundation unanimously agreed to formally oppose Proposition 8 on the November 2008 ballot. The Foundation strongly opposes the violation of civil rights for any individual or group of individuals.

The proponents of this ballot initiative have argued that amending the state constitution will strengthen and protect families. You can read their arguments on the Yes on 8 website. While the Foundation is very much committed to strengthening families and communities, it fundamentally disagrees with the ballot initiative’s intent to discriminate against same sex couples or families by codifying unequal treatment within our state’s constitution. We do not agree with the fundamental argument that discrimination somehow strengthens or protects families. We encourage you to learn more about the importance of defeating this initiative on the No on Prop 8 website.

We invite you to read below for answers to many common questions. For further assistance, please contact Susan Shain, director of Philanthropic Services, at 415.733.8507 or sas@sff.org.

About Prop 8
Prop 8 would re-write our California Constitution to limit marriage to between a man and a woman – denying same sex couples the respect, dignity, and responsibility that come with marriage. This proposition overturns a recent California Supreme Court decision affirming this right for same sex couples to marry. 

Equal protection under the law is a founding principle of the United States of America. Prop 8 undermines that principle, and singles out same sex couples for unequal treatment under the law, thus violating their civil rights.

What is The San Francisco Foundation doing to help defeat Prop 8?
By Trustee decision, we are formally taking a position against Proposition 8, supporting the Equality for All Campaign, co-sponsoring a briefing with the Horizons Foundation, and educating voters on this issue.

How can you make a donation?
If you would like to make a donation to the No on Proposition 8 campaign, please go to their website. The No on Proposition 8 campaign is a lobbying effort and as such contributions: 

• are not tax deductible;
  
• cannot be made from a donor advised fund at The San Francisco Foundation; and
  
• cannot be made through The San Francisco Foundation.

Contributions from your donor advised fund can be made to charitable organizations. For more information, please log in to Donor Center.

How is The San Francisco Foundation legally able to take a position?
As a community foundation, and as such a public charity, we are allowed to take an H1 election with the IRS. This allows us, on a limited basis, to take positions consistent with our mission. We cannot take positions on partisan, elected official-related campaigns, but issues such as Prop 8 are allowed. We are taking the maximum election allowed under H1, which enables us to spend a modest amount of time and resources to support issues related to our mission. We are taking great care to document and report our activities in accordance with all local, state, and federal requirements.

Why is The San Francisco Foundation taking a position on this issue?
The Foundation does not make it a regular practice to take a stance on issues that arise during election periods. After carefully considering the merits of Prop 8, the Board took the extraordinary step and voted to make an exception to this practice.

We recognize that for many this is a personal issue and that not all of our donors, partners, and other members of TSFF’s community may share our position on this issue. We value the Bay Area’s diversity, and we respect that people may have different opinions on this issue.

However, this Proposition directly challenges The San Francisco Foundation's values and principles, including valuing diversity and equality in all of our actions. Our Board of Trustees, along with our senior leadership, unanimously supported this direction and action in recognition of the gravity of the issue and the potential assault on civil rights.