SACRAMENTO, Calif — On Tuesday, Nov. 5, 2024, Californians will vote on 10 statewide ballot propositions. Each would be a new law that needs voter approval to take effect.
One of the state ballot measures, Proposition 3, will decide whether to include same-sex marriage in the California Constitution. It will not change who can marry in California currently.
What is Prop 3?
Prop 3 would repeal Prop 8, which is a measure approved by voters in 2008 that defined marriage as between a man and a woman.
Prop 8 was a response to then-San Francisco Mayor Gavin Newsom, who was issuing same-sex marriage licenses despite a federal ban at the time.
While the U.S. Supreme Court voted to bring back same-sex marriage to Californians in 2013 — and nationally in 2015 — the 2008 Prop 8 language is still on the books.
California leaders in the Legislative LGBTQ Caucus drafted Prop 3 as a preemptive protection for residents after the Supreme Court overturned federal abortion protections in 2022. Justice Clarence Thomas said the courts should consider overturning the right to same-sex marriage but he did not have support at the time.
What does a YES vote on Prop 3 mean?
A YES vote on this measure means wording on the California Constitution would be updated to match who can currently marry.
There would be no change in who can marry.
What does a NO vote on Prop 3 mean?
A NO vote on this measure means the language in the California Constitution wouldn't change.
It would not impact who can marry.
Who supports Prop 3?
- California Democratic Party
- Evan Low, state Assemblymember
- Gov. Gavin Newsom
- Scott Wiener, state senator
- Planned Parenthood affiliates of California
- Equality California
- ACLU of Northern California
- League of Women Voters in California
- California Labor Federation
- California Chamber of Commerce
Supporters say Prop 3 would only remove the obsolete language from the California Constitution and uphold a nationally-recognized right.
Who opposes Prop 3?
- California Family Council
- The American Council of Evangelicals
- Concerned Women for the America Legislative Action Committee
- California Capitol Connection
Critics have said the measure goes too far and would "override" marriage laws and remove protections against "child marriage, incest, and polygamy." They said it's best for children to be raised by a mother and a father and Prop 3 "puts children at risk."
Official Ballot Summary
Amends California Constitution to recognize fundamental right to marry, regardless of sex or race. Removes language in California Constitution stating that marriage is only between a man and a woman.
Fiscal Impact: No change in revenues or costs for state and local governments.
Supporters: Sierra Pacific Synod of The Evangelical Lutheran Church in America; Dolores Huerta Foundation; Equality California
Opponents: Jonathan Keller, California Family Council; Rev. Tanner DiBella