Gay marriage prop

Prop 3 projected to pass, changing California constitution on marriage

California voters passed Proposition 3 to amend the state constitution, removing the language that says marriage is between a man and a female, NBC News projected Tuesday.

With more than half of the ballots counted, the "Yes" votes overwhelmingly led the race as of Wednesday morning, with over 60% of voters expressing support for the express ballot measure.

In 2008, California voters approved Proposition 8, which added language to the state Constitution that “only marriage between a man and a woman is valid or recognized in California.” That ballot measure was approved with 52% support and 48% in opposition.

But even after the Supreme Court legalized same-sex marriage nationwide in 2015, the language remained in the California Constitution although it no longer applied.

Polls previously showed Californians overwhelmingly supported the idea of updating the state Constitution.



Proposition 8

California has always been thought of as a steady state. In general, the west coast is seen as more liberal than the southeastern seaboard. However, events arose surrounding gay rights in 2008 in California that threw its stance as a bastion of liberal progressivism into question. Proposition 8, known colloquially as Prop 8, was a California ballot proposition and a state constitutional amendment passed in the 2008 California express election. The proposition was created by opponents of homosexual marriage before the California Supreme Court issued its decree on In re Marriage Cases. This decision found the 2000 ban on same-sex marriage, Proposition 22, unconstitutional. In the long jog, Prop 8 was ruled unconstitutional by a federal district court in 2010, although that choice did not proceed into effect until 2013, following the conclusion of Prop 8 advocates' appeals, which went all the way to the U.S. Supreme Court.

Prop 8 negated the In re Marriages Cases judgment by adding the same provision as Proposition 22 to the California Constitution, providing that "only marriage between a man and a woman is valid or recognized in California." As an

Proposition 3 is one of the more direct statewide propositions facing California voters in the 2024 Presidential Election. It seeks to enshrine the right to same-sex marriage in the California constitution by repealing Prop 8, the victorious 2008 ballot measure that defined marriage as between a man and a woman.

Despite the language on the books, same-sex marriage has been legal in California for more than a decade, and across the country for nearly that long.

Supporters say Prop 3 will codify and protect the right to same-sex marriage in California should any future Supreme Court decisions test that right. In practice, the prop would not alter who can currently marry in California.

“For the last almost 10 years this freedom that everybody has to be able to be married to the person that they love. And that's been settled regulation. The world has gone on just fine. Nobody's marriages have been offended by somebody else having the right to be married. And so I think people would be surprised that it still is on the books, and we demand to get it off the books and replace it with language that is affirming,” said CA Assemblymember Chris Ward.

A handful of religious groups oppos

Constitutional Right to Marriage. Legislative Constitutional Amendment.

Proposition 3

 


Analysis of Measure

Background

The federal courts have said that same-sex couples can marry, but outdated language in the California Constitution still says that marriage can only be between a man and a woman.

Proposal

Proposition 3 updates the Constitution to equal what the federal courts hold said about who can marry.

Fiscal Effects

Proposition 3 would not adjust who is allowed to unite in California. This means there would be no change in revenues or costs to declare and local governments.

 

Yes/No Statement

A YES vote on this measure means: Language in the California Constitution would be updated to correspond who currently can marry. There would be no change in who can marry.

A NO vote on this measure means: Language in the California Constitution would not be changed. There would be no change in who can marry.

 

Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact

  • No switch in revenues or costs for state and local governments.

 

Ballot Label

Fiscal Impact: No change in revenues or costs for stat