Prop 3 reaffirms marriage equality in California
Proposition 3 amends the California Constitution to recognize the
fundamental right to marry, regardless of sex or race. Prop 3 removes
the language in California Constitution which states that marriage is
only between a man and a woman.
Since the 2015 U.S. Supreme Court decision, Obergefell v. Hodges,
federal courts have already decided this issue. The U.S. Constitution
ensures that same-sex couples can marry. However, the California
Constitution has not been revised and still says that marriage can only
be between a man and a woman.
This constitutional amendment was proposed by the State’s legislature.
Both the Assembly (67-0) and the Senate (31-0) unanimously approved its
placement on the November ballot.
In 2024, voters in Colorado, California, and Hawaii are facing similar
state constitutional amendments to remove same-sex marriage bans. In
2020, Nevada became the first state to repeal same-sex marriage ban from
its constitution
Current Constitutional language and change
Section 7.5 of the State Constitution currently reads, “Only marriage
between a man and a woman is valid or recognized in California.” Prop 3
repeals this language and replaces it with new language.
New language
The new section 7.5 (a) will state “The right to marry is a fundamental
right.” And the new Section (b) will affirm this right and further add,
“the inalienable rights to enjoy life and liberty and to pursue and
obtain safety, happiness, and privacy guaranteed by Section 1” of the
Constitution and it supports “the rights to due process and equal
protection guaranteed by Section 7.”
Fiscal consequences
If Prop 3 is enacted, the Legislative Analyst’s Office has opined that
this amendment will have no fiscal impact on State or local governments.
Proponents
Supporters state simply, “Although marriage equality for same-sex
couples has been the law of the land in the United States for years,
California’s Constitution still says that same-sex couples are not
allowed to marry. . . Proposition 3 removes discriminatory language from
the California Constitution that states marriage is only between a man
and a woman and replaces it with a provision that establishes the right
to marry as a fundamental right, enshrining protections for same-sex and
interracial couples.”
Opponents
Despite the Legislature’s unanimous support for Prop 3, there are
opponents. They argue that the new language applies no criterion about
the partners in a marriage. Their point is that without boundaries on
the right to marriage there is no protection against children being wed.
Consequently, “The big problem with Proposition 3 is that it overrides
all laws on marriage. A ‘fundamental right’ to marry means it would
remove protections against child marriages, incest, and polygamy,” they
wrote in the Voter’s Guide.
“But same-sex marriage has been legal across the country since 2015.
Proposition 3 is fixing a problem that doesn’t exist and is instead
causing harm. Current laws and court decisions already protect the right
to marry, . . . [and] also protect children, prevent exploitation, and
keep marriage as a union between two consenting adults. But Proposition
3 would remove these defenses. . . this measure risks the civil rights
of children. It even opens the door to polygamy—marriage between more
than two people.”
However, the supporters responded and argued that Prop 3 does not change
California’s laws regarding age requirements for marriage or the number
of people in a marriage. It only addresses same-sex marriages.
Campaign finance
The are two political action committees supporting the adoption of Prop
- The larger is “Yes on Proposition 3, sponsored by Equality
California,” the nation’s largest statewide LGBTQ+ civil rights
organization.
They had nearly $1.5 million in cash at the end of June. Since then,
they have reported receiving another $800,000. The two largest donations
were $200,000 from the California Teachers Association and $150,000 from
both the California Nurses Association, PAC, and California Works:
Senator Toni Atkins Ballot Measure Committee.
The second group, “Yes, on Prop 3, 32, and 33,” had $32.300 in cash at
the end of June. Since then, the “Kevin de Leon for Lieutenant Governor
2026 Political Action Committee” has given “Yes, on Prop 3,” another
$550,000.
League of Women Voters
The league also supports adoption of Prop 3. “Despite the existence of
modern legal safeguards guaranteeing marriage equality, California’s
Constitution carries the shameful stain of language declaring that only
marriage between a man and a woman will be recognized by the state. . .
While U.S. Supreme Court decisions have made California’s prohibition
unenforceable, the current Court has shown that it is willing to upend
decades of precedent and revoke hard-earned rights.”
