This fall, Californians will be tasked with deciding whether the state should update the state constitution to reflect the right for same-sex couples to marry. It’s a preemptive move to safeguard LGBTQ+ marriages amid concerns the U.S. Supreme Court could change things in the future.
Official title on the ballot: Constitutional right to marriage. Legislative constitutional amendment.
You are being asked: Whether California should update the state’s constitution to match what the federal courts have said about who can marry. If approved, this would remove voided Proposition 8 language that’s still in the constitution in an effort to protect LGBTQ+ marriages.
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A “yes” vote means: An outdated sentence from Prop. 8 in the California Constitution that defines marriage as between a man and a woman would be removed. It would also declare that a “right to marry is a fundamental right." There would be no change in who can marry.
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A “no” vote means: The Prop. 8 language would stay untouched in the California Constitution. There would be no change in who can marry.
Understanding Prop. 3
The amendment is practically a repeal of Prop. 8, a measure that banned same-sex marriages from being recognized by the state in 2008. (Prop. 8 was rejected by a higher court in California back in 2013 and two years later the U.S. Supreme Court would declare same-sex marriage legal in all 50 states.)
Make It Make Sense: Election 2024 Edition
Still, that earlier measure put language in our state constitution — in Article 1, Section 7.5 — that defined marriage as between a man and a woman. Prop. 3 would remove that language and note that marriage is a fundamental right.
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City of Los Angeles
- City Council: Vote for districts 2, 10 and 14.
- Charter Amendment ER: A package of ethics reforms designed to fight corruption at City Hall. Plus: Charter Amendments DD, FF, HH and II.
L.A. County
- Board of Supervisors: Measure G would dramatically overhaul county government.
- District Attorney: Criminal justice reform, or more law-and-order justice?
- LA Unified school board: Voters are also deciding on a $9 billion facilities bond and a redistricting measure.
- School district measures: Schools have a lot of repair needs.
- Superior Court judges: Plus: Tips to make sure you're putting right person on the bench.
Statewide races
- Whoa! There are 10 propositions on the ballot. Here's your cheat sheet to Props. 2, 3, 4, 5, 6, 32, 33, 34, 35 and 36.
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Same-sex couples can legally marry currently in the U.S. regardless of whether this amendment passes.
The history behind it
Prop. 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. Hodges, legalizing same-sex marriage nationwide.
The state senate’s goal in getting the Prop. 8 language out is to ensure that the provision can’t spring back into effect.
Cram session
During AirTalk's Ballot Cram Session live event, Larry Mantle talked with Caltech's Michael Alvarez, Pomona College's Sara Sadhwani and Claremont McKenna College's Zachary Courser about Proposition 3.
What people who support it say
Supporters of Prop. 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. You can learn more at YesOnProp3CA.com.
What people who oppose it say
Opponents of Prop. 3 say it’s an “extreme amendment.” They argue that it removes all limits on marriage, including between children and close relatives, by describing marriage as a fundamental right. (Prop. 3 does not change who is allowed to marry in California, according to the state Legislative Analyst’s Office.)
They see it as a statement that mothers and fathers aren’t necessary in raising children, and that the measure isn’t needed because same-sex marriage is already legal.
The ballot measure is opposed by conservative groups, including the California Family Council and the American Council of Evangelicals. You can learn more at Proposition3.net.
Potential financial impact
According to the state Legislative Analyst’s Office, there would be no fiscal impact from Prop. 3. The measure does not change who can marry, so revenue and costs would not be affected.
Listen in: Prop. 3 discussed on AirTalk
Follow the money
Further reading
- Californians to vote on removing language from state constitution to protect LGBTQ+ marriage equality
- Newsom urges California voters to protect same-sex marriage amid Supreme Court distrust
- Some conservatives are accepting defeat on marriage equality. Here’s why.
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This voter guide originally published Sept. 5.
