California’s Proposition 3 would put marriage equality back on the November 2024 ballot, giving voters the opportunity to remove the state’s archaic ban on same-sex marriage from the state constitution.
The proposition seeks to amend the California Constitution to include language defining marriage as between a man and a woman.
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Proposition 8, which banned same-sex marriage, was overturned by a federal court in 2010 but remains in the California Constitution. State Assemblyman Evan Law (D-Calif.) and State Senator Scott Wiener (D-Calif.) have introduced Proposition 3 in 2022.
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Proposition 3 would act as an “affirmative protection,” Calm MattersThe bill was introduced after the Supreme Court overturned abortion, and in his infamous concurring opinion, Justice Clarence Thomas said the court should also reconsider the constitutionality of same-sex marriage.
The bill will have no fiscal impact. Same-sex couples are already allowed to marry in California, meaning there will be no change in revenue or costs to state or local governments. Rather, the bill would establish and defend marriage equality to protect marriage equality from “recent threats to fundamental rights,” and would amend the Constitution to make its language consistent with the definition currently used by federal courts.
This is also supported by Governor Gavin Newsom (Democrat), who said: statement“Nearly two decades after we celebrated a historic ‘Winter of Love’ in San Francisco, we must remain vigilant to protect our values of equality, freedom and inclusion from the forces of hate that seek to reverse our progress.”
“Same-sex marriage is the law of the land and Proposition 8 has no place in our Constitution. It’s time to make marriage equality the law, no matter who you are or who you love. California supports the LGBTQ+ community and their right to live freely,” he continued.
A “Yes” vote would formally repeal Proposition 8 (2008), which defined marriage as the union between one man and one woman, and would enshrine in the California Constitution that “the right to marry is a fundamental right.”
The California Democratic Party supports Proposition 3, as do Equality California, the Human Rights Campaign and the American Civil Liberties Union. Conservative Christian groups such as the California Family Council and the National Council of Evangelicals of America oppose it on religious grounds.
California now has the opportunity to follow Colorado’s lead and amend its state constitution. A proposed resolution this fall would change the state constitution’s language from “Only the union between one man and one woman shall be recognized as valid or married in this state” to something more inclusive. Four years ago, Nevada became the first state to remove that ban from its constitution.
