Proposition 3: Californians to decide on constitutional right to marriage equality
OAKLAND, Calif. - While same-sex marriage is legal across the country because of the 2015 U.S. Supreme Court decision, California’s constitution still includes language that only recognizes marriage between a man and a woman.
What is Prop 3?
Proposition 3 aims to change that by enshrining marriage equality in the constitution.
"Only marriage between a man and a woman is valid or recognized in California," the constitution reads.
Prop 3 would update the language to "The right to marry is a fundamental right," the Associated Press reports.
Essentially the amendment would make California’s constitution match what federal courts have said about who can marry.
According to the Legislative Analyst’s Office, this amendment would not have a financial impact or change in revenue to state or local governments.
How California played a role in the Respect for Marriage Act
President Biden signed the Respect for Marriage Act today, ensuring that the Supreme Court cannot reverse existing laws and gay and interracial marriages are protected. The fight to legalize gay marriage began back in 2004, when the first marriage licenses were issued to gay couples in San Francisco.
What does a yes vote mean?
A yes vote means language in the California constitution would be updated to match who can currently marry in California and the U.S. There would be no change to who can currently get married in California.
What does a no vote mean?
A no vote on this measure would mean the language in the California Constitution would not be changed. However, there would be no change to who can legally marry because of the federal court decision.
Proponents of the measure say Prop 3 protects Californians’ freedom to marry, regardless of race and gender. They say the amendment would remove discriminatory language from the constitution.
Who supports Prop 3?
The legislation was first introduced by State Sen. Scott Weiner (D-San Francisco) and Assemblymember Evan Low, also a congressional candidate in 2024.
"It’s absolute poison, it is so destructive, and it’s humiliating that this is in our constitution," Wiener told the Associated Press.
The Dolores Huerta Foundation and Equality California are also among supporters of the proposition.
Who opposes Prop 3?
Opponents of the amendment include the California Family Council and the organization’s president, Jonathan Keller. The organization says the amendment would "dismantle the traditional family structure."
They say Prop 3 opens the door to child marriages, incest and polygamy. They argue the measure harms families and society.