CA Proposition 3: Right To Marry Constitutional Amendment

CALIFORNIA — Less than 20 years after Californians passed a constitutional amendment banning same-sex marriage, voters are being asked to wipe it off the books with another amendment enshrining the right to marry regardless of sex or race in the state Constitution.

If it passes in the Nov. 5 general election, Proposition 3 will repeal 2008's controversial Proposition 8, which codified in the state Constitution that "only marriage between a man and a woman is valid or recognized in California."

Proposition 3 wouldn't change the current status of same-sex marriage in California because a federal court legalized it in 2013, and the U.S. Supreme Court made same-sex marriage legal nationwide in 2015. The state's ban on same-sex marriage is known as a zombie law because it's currently unenforceable.

So why change the Constitution now?

For some Prop 3 proponents, it's about the long overdue righting of a wrong. For others, it's about protecting gay rights from a fickle court. The U.S. Supreme Court's "Dobbs" decision overturning Roe V. Wade has some civil rights advocates worried about what seemingly protected rights the court will take away next.

In fact, Democratic state Sen. Scott Wiener and Assemblymember Evan Low introduced the legislation, citing the move as a response to the Supreme Court's ruling overturning federal abortion rights. With that case, conservative Justice Clarence Thomas has said the high court should also consider overturning precedent on the constitutionality of same-sex marriage.

“Although, same-sex marriage is legal, it could be temporary,” Low said in a statement. “We have to remain vigilant, unwavering in our dedication to equality.”

If Proposition 3 passes, the Constitution would no longer say "Only marriage between a man and a woman is valid or recognized in California." That sentence would be replaced with: "The right to marry is a fundamental right. (b) This section is in furtherance of both of the following: (1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1. (2) The rights to due process and equal protection guaranteed by Section 7."

Proponents of the measure include the state Democratic party, the ACLU, Equality California, the League of Women Voters of California and Governor Gavin Newsom.

"Same-sex marriage is the law of the land and Prop. 8 has no place in our Constitution,” California Gov, Gavin Newsom, said when the proposed amendment was introduced. “It’s time that our laws affirm marriage equality, regardless of who you are or who you love. California stands with the LGBTQ+ community and their right to live freely.”

Opponents of the bill include the California Family Council, Concerned Women for America Legislative Action Committee, Freedom in Action, and an alliance of Baptist ministers and churches called California Capitol Connection, according to Ballotpedia.

California Family Council President Jonathan Keller told Fox11, the passage of Proposition 3 would open up "Pandora's Box. You could have siblings getting married. You could have nephews and nieces marrying uncles and aunts. You could have, potentially even mothers and fathers marrying each other, or mothers and children, or fathers and children marrying each other."

The California Capitol Connection describes marriage as an institution defined by God as being between a man and a woman.

Polls conducted in early 2024, showed widespread support for Proposition 3 in California, and fundraising for the measure appeared to reflect that support. According to June 30th campaign finance filings, the bill's supporters had raised about $1.6 million and spent roughly $88,000. The measure's opponents had not raised or spent any money in opposition of the measure, as of June 30, according to campaign finance filings.