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The California Constitution states that “Only marriage between a man and a woman is valid or recognized in California”. This language was added in 2008 with Proposition 8, which passed with 52% support. |
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If passed, Proposition 3 would change the language to “The right to marry is a fundamental right”. This would align California’s constitution with federal law, which legalized same-sex marriage nationwide in 2015. |
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Voting YES on Prop 3 ensures the right to marry for all Californians. A YES vote embeds marriage equality in our state’s legal foundation, removing discriminatory language and signaling that California values and recognizes all families. |
Did you know that the California Constitution still says marriage is only valid between a man and a woman, even in 2024?
As we approach November, we want to turn our attention to Proposition 3 and the stakes it holds for protecting marriage equality in California. Despite the legal progress made over the past few decades, many don’t realize that the California Constitution still retains outdated language restricting marriage to heterosexual partnerships. This language symbolizes a lingering form of discrimination—one that must be eradicated to finally end California’s battle for equality.
The Impact of Prop 3
Prop 3 aims to amend the California Constitution to explicitly state that all individuals have the right to marry, regardless of sex or race. This amendment will eliminate the archaic language that currently defines marriage as a union solely between a man and a woman, effectively overwriting a so-called ‘zombie law’ that remains on the books but is unenforceable due to the 2015 Obergefell v. Hodges decision, which federally legalized same-sex marriage.
The proposed changes are not just legal technicalities; they represent a commitment to ensuring that marriage equality is firmly embedded in our state’s foundational legal framework. Removing discriminatory language from the Constitution sends a clear message: California is a place where all families are valued and recognized. And most importantly, it provides further protection from homophobic legislation as we navigate an uncertain political future.
A History of Marriage Equality in California
Despite notable victories in the fight for marriage equality, history shows that threats to this progress persist. Proposition 3 aims to strengthen protections for marriage equality in California, ensuring that hard-won rights are safeguarded against potential setbacks. California has a rich history of advocating for LGBTQ+ rights, including pivotal moments like the 2008 ruling that legalized same-sex marriage in the state. However, the passage of Proposition 8 in 2008 sought to roll back those rights, leading to a tumultuous legal battle that ended with a ruling declaring it unconstitutional. Even with these advancements, the existence of discriminatory language in the Constitution remains a concern. Prop 3 isn’t a reactionary measure; it’s a defensive strategy, akin to a vaccine, against potential future legal threats that could revive the discriminatory language in our Constitution.
Your Voice Matters
As we confront a conservative backlash against LGBTQ+ rights nationwide—including anti-trans legislation and efforts to erase LGBTQ+ history from education—it’s essential for California to reaffirm its commitment to equality. Voting YES on Prop 3 not only strengthens our state’s support for marriage equality but also serves as a safeguard against the rising tide of discrimination. As we approach the voting booth this November, let’s ensure we eliminate outdated language from our Constitution and protect the fundamental right to marry for all couples, regardless of their race or sexual orientation, once and for all.
For more information, please visit Yes on Prop 3. Your vote is your voice—let’s make it count!
