Prop. 3 explained: How California’s ballot measure reopens debate on same-sex marriage ban

In 2008, Californians voted to amend the state constitution to restrict marriage to only being between a man and a woman. Now, 16 years and a U.S. Supreme Court decision later, they will be asked if that restriction should be removed.

A yes vote on Proposition 3 would remove that restriction from the state constitution. A no vote would keep it the same. Regardless of how Proposition 3 is decided, there would be no change in who could marry.

Supporters of the measure seek to undo 2008’s Proposition 8, which was approved by 52% of California voters. A federal judge later ruled that Prop. 8 violated the U.S. Constitution, and that decision was upheld by the Ninth Circuit Court of Appeals. Despite that ruling, the amendment stayed on the books.

While the Supreme Court’s 2015 Obergefell v. Hodges decision made same-sex marriage lawful through the nation, California lawmakers and LGBTQ advocates voiced concerns that the current Supreme Court, with its heavily conservative leaning, might roll back those protections.

That concern prompted California Assemblyman Evan Low, D-Silicon Valley, to in 2023 introduce a proposed constitutional amendment to the State Legislature.

“Although, same-sex marriage is legal, it could be temporary. We have to remain vigilant, unwavering in our dedication to equality. Together, we can reinforce the importance of love, acceptance, and inclusivity,” Low said in a statement of support for his measure.

Assembly Constitutional Amendment 5, or ACA 5, was unanimously approved by both houses of the California Legislature. ACA 5 then was given the designation Proposition 3.

The measure has a number of high-profile backers, including Democratic 2026 gubernatorial candidates Lt. Gov. Eleni Kounalakis, Sen. Toni Atkins and Superintendent of Public Instruction Tony Thurmond.

California Gov. Gavin Newsom, who in 2004 as San Francisco mayor defied the ban on same-sex marriage when he issued marriage licenses to same-sex couples, also is a supporter of Prop. 3.

“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,” Newsom said in a statement supporting the measure.

The measure is opposed by a number of conservative Christian organizations, including the California Capitol Connection, which lobbies on behalf of bills in Sacramento.

In a statement of opposition to the measure, the group said, “Marriage has been defined as a union between a man and a woman from the beginning. God instituted it. ... The debate about marriage is not about love or hate. It is about truth. Man cannot redefine what God has already defined.”

This story was originally published October 6, 2024 at 4:55 AM with the headline "Prop. 3 explained: How California’s ballot measure reopens debate on same-sex marriage ban."