Proposition 3, titled Constitutional Right to Marry, was a

California ballot proposition California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...

that passed by vote in the

2024 general election This is a list of elections that were held in 2024. The National Democratic Institute also maintains a calendar of elections around the world. * 2024 United Nations Security Council election * 2024 national electoral calendar * 2024 local electo ...

on November 5, 2024. The proposition repealed

Proposition 8 Proposition 8, known informally as Prop 8, was a California ballot proposition and a state constitutional amendment intended to ban same-sex marriage. It passed in the November 2008 California state elections and was later overturned by the ...

, passed during the 2008 general election, and amended the state constitution to declare that the "right to marry is a fundamental right". It also ensured that same-sex couples would have the right to marry in California in case the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

ever overturns

Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark decision of the United States Supreme Court which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of th ...

, thus making it a symbolic gesture until then.

Text

The proposition amended Article I, Section 7.5 of the

Constitution of California The Constitution of California () is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California. California's constitution was drafted in both English ...

to read:

~~"Only marriage between a man and a woman is valid or recognized in California.~~ (a) The right to marry is a fundamental right. (b) This section is in furtherance of both of the following: (1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1. (2) The rights to due process and equal protection guaranteed by Section 7."

Results

On November 5, 2024, at 8:00 PM PT, polls in California closed. With 62.6% in favor, Proposition 3 was approved.

Support

Supporters of the proposition argued that "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 nd thatrecent threats against fundamental rights have made it clear California must be proactive in protecting the freedom to marry regardless of gender or race"

Opposition

Opponents of the proposition argued that it "removes ALL protections on marriage, including limits on children, close relatives, and three or more people marrying each other" as well as " verridingall laws on marriage nd a'fundamental right' to marry eaningit would remove protections against child marriages,

incest Incest ( ) is sexual intercourse, sex between kinship, close relatives, for example a brother, sister, or parent. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by lineag ...

, and

polygamy Polygamy (from Late Greek , "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, it is called polygyny. When a woman is married to more tha ...

" and that "changing the definition of marriage, this measure also suggests that children don’t need both a mom and a dad s Prop 3goes against years of research showing that kids do best when raised by their mother and father in a stable, married home nd thatchildren without a mother or father are more likely to have emotional issues, take part in risky behaviors, struggle in school, and face financial problems."

Polling

References