In 2008, the controversial Proposition 8 was added to California’s constitution by a 52% vote, a rule that states “only marriage between a man and a woman is valid in California.”
The decision to deny a fundamental right away to millions of people sparked outrage all over the state, causing several lawsuits to be filed against it. While gay marriage has been legal under federal law since a Supreme Court case in 2013, Prop 8 still remains a dark spot on the California Constitution.
Fortunately, this coming election, voters have the chance to repeal Proposition 8 through a new amendment: Proposition 3. If Proposition 3 passes, all hateful language will be removed in the state constitution, and more importantly, California will recognize the right to marriage regardless of race, sex or gender. Currently, only 15 states don’t have a statute nor amendment ban on same–sex marriage, making it an ever-pressing issue.
For decades, the state has been a leader in progressive causes. In 2004, then mayor of San Francisco Gavin Newsom handed out marriage licenses to same-sex couples even though it was illegal, setting a welcoming precedent for the LGBTQIA+ community. Now, over 2.8 million out of 14 million people in the LGBTQIA+ community reside in California. Last year, the Public Policy Institute of California found that 75% of likely voters in California supported allowing same-sex marriage in the state’s Constitution, including 46% of Republicans.
Groups opposing Prop 3 include conservative organizations, religious groups and some family advocacy organizations. They mainly argue that it gives people too much freedom and imply it would approve polgamy and even marriage between people and animals, known as zoophilia. These concerns mainly come from homophobic roots, as both these issues are already illegal under California Penal Code 281 and 286.5, respectively.
While still paying respect to religion, Proposition 3 ensures that all people — regardless of sexual orientation — have a right to marry the person they love.
It’s also important to change our state’s constitution because there are looming threats to our fundamental rights, such as the overturning of Roe v Wade by the six conservatives on the Supreme Court. In 2022, a singular decision to pass abortion from the federal to state level derailed thousands of lives across America, a situation we can’t let happen again. In order to protect the marital rights of every citizen of California, vote yes on Proposition 8.
