Should marriage be established as a fundamental right in California’s Constitution?
That’s what’s being asked of voters with Proposition 3, a ballot measure that would also remove a provision of the state constitution that still defines marriage as a union between a man and a woman. It replaces that provision with a statement affirming marriage as a fundamental right.
Voters in 2008 approved what was then labeled Proposition 8 which banned the state from recognizing same-sex marriages. It said: “Only a marriage between a man and a woman is valid or recognized in California.”
However, legal challenges ensued, and courts ultimately ruled that the proposition was unconstitutional and could not be enforced. The U.S. Supreme Court would later issue a landmark decision granting LGBTQ+ couples the right to marry.
“California leads the way in LGBTQ+ protections and cutting-edge pro-equality legislation, and our constitution should reflect those values,” said Assemblymember Evan Low, D-Silicon Valley, who championed the measure in the legislature. He added that Proposition 3 is “an important opportunity to reaffirm the freedom to marry and protect loving couples and families across California who deserve to have their marriages protected and respected under the law.”
The Human Rights Campaign, ACLU California Action and the Los Angeles County Democratic Club signed on as supporters of the measure while it worked its way through the legislature where it received bipartisan support. The cities of San Diego and West Hollywood also supported the measure.
The socially conservative Concerned Women for America and the California Capitol Connection, a group that works with independent Baptists, are opposed to the measure.
