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California proposition on gay marriage

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When they first met in 1996 federal law prohibited same-sex marriage, and in 2000, California voters passed a proposition outlawing the practice in the state too. 3 came from a bipartisan vote in the state legislature in July 2023, though some Republicans abstained.

While same-sex marriage has been legal in California since 2013, this ballot measure was raised in concern of it possibly changing nationally again.

Senate analysis of the proposal pointed to the U.S.

Supreme Court’s conservative makeup and its potential for seeking to change the precedent set in the 2015 court's ruling, Obergefell v. 8 language from the state constitution.

Although Prop. 8 doesn’t have an effect anymore, it could. Rather, the constitutional change removes a previous provision that barred same-sex marriage and adds new protections in the event the U.S.

Supreme Court overturns existing precedent.

“We’ve always known that at some point we need to get this discriminatory provision out of the California constitution,” said Sen. Scott Wiener, a San Francisco Democrat and a co-author of Prop. More by Adam Echelman

What is Prop 3? 3 would “functionally legalize child brides,” “incestuous marriages,” “polygamy,” and “bigamy.”

Jessica Levinson, a constitutional law professor at Loyola Marymount University, said the ads are misleading.

3 would remove that language and note that marriage is a fundamental right.

Same-sex couples can legally marry currently in the U.S. regardless of whether this amendment passes.

The history behind it

Prop. Laroche and Laudon still wanted to get married though, so they held a private ceremony in 2002, since the government didn’t recognize their union.

In 2004, then-San Francisco Mayor Gavin Newsom gained national attention for issuing marriage licenses in violation of federal and state law.

Though the Supreme Court's landmark 2015 Obergefell v.

california proposition on gay marriage

In:

California will officially enshrine the right to marriage for same-sex couples in the state constitution after voters approved Proposition 3.

The ballot measure repeals Proposition 8, which voters approved in 2008 to define marriage as between a man and a woman in the state's constitution, stripping same-sex couples of the legal right to marry.

He specifically mentioned cases that granted the right to same-sex marriage, the right to access contraceptives, and the right to engage in private, consensual sex. 

It’s unlikely that the court actually overturns those precedents, said Levinson, the law professor. While same-sex marriage is already legal, Prop. Jackson, that old law created weeks of panic and confusion, both in Arizona and California.

3 say it protects the right of Californians to marry, regardless of gender or race, and that it’s an important change to do in case marriage equality gets overturned in the future.

They also see it as wiping away discriminatory language in our state constitution, and a symbolic step that furthers California’s leading stance on LGBTQ+ rights.

The ballot measure is supported by a wide variety of left-leaning groups, including the ACLU, the Dolores Huerta Foundation, and Equality California.

If approved, this would remove voided Proposition 8 language that’s still in the constitution in an effort to protect LGBTQ+ marriages. Prop. You can learn more at YesOnProp3CA.com.

What people who oppose it say

Opponents of Prop. Hodges, legalizing same-sex marriage nationwide.

The state senate’s goal in getting the Prop. 3.