politics

Prop 3 seeks to enshrine same-sex marriage in California constitution

Although same-sex marriage is legal in California, the state's constitution defines marriage as between a man and a woman. Prop 3 seeks to change that

Gold wedding rings on LGBT pride flag. LGBT marriage concept.

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 successful 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 challenge that right. In practice, the prop would not change 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 law. 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 need to get it off the books and replace it with language that is affirming,” said CA Assemblymember Chris Ward.

A handful of religious groups oppose the proposition. Jonathan Keller of the California Family Council said his concern revolved around Prop 3’s guarantee of a “fundamental right to marry,” which he believes is too ambiguous.  

“Prop 3 removes any boundaries on marriage,” Keller said. “There is no definition under Prop 3 on the genetic relationship between people who could get married, the age of people who could get married, or the number of people who could get married.” 

While relatively little money has been funneled into this prop, supporters have outraised opponents $3 million to nothing.

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