California voters will decide whether to pass Proposition 3, a voting measure that would change the language of the state constitution to protect marriage as a fundamental right regardless of gender or sexual orientation.
The ballot measure would repeal Proposition 8, which voters approved in 2008 to define marriage as between a man and a woman in the state Constitution, depriving same-sex couples of the legal right to marry. Although the Supreme Court’s landmark 2015 Obergefell v. Hodges decision gave same-sex couples the right to marry nationwide, the California Constitution still contains language adopted under Proposition 8.
“Although marriage equality for same-sex couples has been the law of the land in the United States for years, the California Constitution still says that same-sex couples may not marry,” reads the argument in favor of Proposition 3 on states’ rights. Official Voter Information Guide.
Critics have argued that the ballot initiative is unnecessary and could open the way to polygamy and child marriage, a claim strongly refuted by Proposition 3 supporters.
“Current laws and court decisions already protect the right to marry regardless of gender, sexual orientation, race or ethnicity,” reads the opposition’s argument in Proposition 3 in the state’s voter guide. “These laws also protect children, prevent exploitation, and preserve marriage as a union between two consenting adults. But Proposition 3 would REMOVE this defense.”
However, Proposal 3 Supporters say it doesn’t change California law on age requirements for marriage or the number of people who can marry in a legal union.
Advocates have described the ballot initiative as a common-sense update to remove outdated legal language. Key supporters include the Human Rights Campaign, the California Chamber of Commerce and the American Civil Liberties Union of Northern California.
Groups opposed to Proposition 3 include the American Council of Evangelicals and the California Family Council, an organization that describes its mission as “to advance God’s design for life, family, and liberty through the Church, the Capitol, and the culture of California. ”
