The measure asks voters to change the California Constitution to enshrine a 'fundamental right to marry' and remove language that defines marriage as between a man and a woman.
California remains a national leader on LGBTQ+ rights, but a line in the state Constitution still defines marriage as only between a man and a woman. That's because language voters passed as part of Proposition 8 in 2008 remains on the books even though courts have deemed it unenforceable and federal law protects the right to same-sex marriage. Proposition 3 gives voters a chance to repeal the outdated clause and instead enshrine marriage as a 'fundamental right' for all.
A legislative analysis of the bill said that 'courts can change' and pointed out that the current Supreme Court no longer includes two of the justices who supported the 2015 landmark ruling that protects an equal right to marriage. 'It is true that marriage equality is still currently the law in the United States; however, it is not impossible that this will not always remain the case,' the analysis said. Gov. Gavin Newsom is promoting the measure, along with Lt. Gov.
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