California Proposition 3 would enshrine same-sex marriage rights in the state constitution. Here's what to know
California voters are deciding whether to approve Proposition 3, a ballot measure that would amend the language of the state constitution to protect marriage as a fundamental right regardless of gender or sexual orientation.
The ballot measure would repeal Proposition 8, which voters approved in 2008 to define marriage as between a man and a woman in the state's constitution, stripping same-sex couples of the legal right to marry. Though the Supreme Court's landmark 2015 Obergefell v. Hodges decision gave same-sex couples across the country the right to marry, California's constitution still contains language approved under Proposition 8.
"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," reads the argument in favor of Proposition 3 on the state's Official Voter Information Guide.
Critics have argued that the ballot initiative isn't necessary and could open the way for polygamy and child marriage, a contention strongly refuted by Proposition 3 supporters.
"Current laws and court decisions already protect the right to marry, regardless of gender, sexual orientation, race, or ethnicity," reads the Proposition 3 opposition argument in the state voter's guide. "These laws also protect children, prevent exploitation, and keep marriage as a union between two consenting adults. But Proposition 3 would REMOVE these defenses."
However, Proposition 3 proponents say it doesn't change California law on age requirements for marriage or how many people can marry in a legal union.
Supporters have described the ballot initiative as a common-sense update to remove outdated legal language. Major supporters include the Human Rights Campaign, California Chamber of Commerce and American Civil Liberties Union of Northern California.
Groups opposing Proposition 3 include The American Council of Evangelicals and the California Family Council, an organization that describes its mission as "Advancing God's Design for Life, Family, & Liberty through California's Church, Capitol, & Culture."
