What is California’s Proposition 3? Here is how California can protect marriage equality.

California’s Proposition 3 puts marriage equality back on the ballot in November 2024, giving voters the chance to remove the state’s old ban on same-sex marriage from the state’s constitution.

The proposition seeks to change California’s state constitution, which contains language that states marriage is between a man and a woman.

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Though Proposition 8, which banned same-sex marriage, was overturned by federal courts in 2010, it still remains in the California constitution. State Assemblymember Evan Low (D) and state Sen. Scott Wiener (D) introduced Proposition 3 in 2022.

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Proposition 3 would act as a “proactive protection,” according to CalMatters. It was introduced after the Supreme Court overturned abortion, and Supreme Court Justice Clarence Thomas said in his infamous concurring opinion that the court should also reconsider the constitutionality of same-sex marriage.

The measure would have no financial effects: same-sex couples are already allowed to marry in California. This means there would be no change in revenues or costs to state and local governments. Rather, it would enshrine and uphold marriage equality to protect it from “recent threats against fundamental rights” and update the constitution so the language matches the current definition used by federal courts.

It is supported by Gov. Gavin Newsom (D), who said in a statement, “Nearly 20 years after celebrating the historic ‘Winter of Love’ in San Francisco, we must remain vigilant to protect our values of equality, freedom and acceptance from the forces of hate that seek to undo our progress.”

“Same-sex marriage is the law of the land and Prop. 8 has no place in our constitution. It’s time that our laws affirm marriage equality regardless of who you are or who you love. California stands with the LGBTQ+ community and their right to live freely,” he continued.

A “yes” vote means that Proposition 8 (2008), which defined marriage as a union between one man and one woman, would be officially repealed and establishes a “right to marry is a fundamental right” in the California Constitution.

The California Democratic Party supports Proposition 3, as does Equality California, the Human Rights Campaign, and the American Civil Liberties Union. Conservative Christian groups such as the California Family Council and the American Council of Evangelicals oppose it on religious grounds.

California joins Colorado in getting a chance to amend their state’s constitution, as a resolution is proposed for the fall which would change the language in its constitution from “only a union of one man and one woman shall be valid or recognized as a marriage in this state” to a more inclusive statement. Nevada became the first state to remove its ban from its constitution four years ago.

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