California, often seen as a bastion of progressivism, has a complex history when it comes to marriage equality. This November, Proposition 3 aims to bring a conclusive end to the long-standing battle over same-sex marriage recognition in the state.
Despite same-sex marriage being legalized nationwide following the 2015 U.S. Supreme Court decision in Obergefell v. Hodges, California’s Constitution still prohibits marriages between same-sex couples. Proposition 3 seeks to formally repeal this outdated provision, often referred to as a “zombie law,” and explicitly affirm that “the right to marry is a fundamental right” within the state’s Constitution.
Although the passage of Prop. 3 wouldn’t change the current legal status of same-sex marriages for LGBTQ+ Californians, it would offer stronger legal protections. This is particularly important given recent remarks by Supreme Court Justice Clarence Thomas, who suggested that the Court should revisit its ruling on marriage equality.
Beyond the legal safeguards, the amendment would signal California’s continued support for the LGBTQ+ community, which has faced increasing political attacks. These include efforts to pass anti-transgender legislation, implement book bans, and impose policies that force schools to “out” LGBTQ+ students.
Shannon Minter, legal director of the National Center for Lesbian Rights, has been at the forefront of legal battles against past measures restricting marriage rights, including Propositions 22 and 8. Minter argues that this amendment is not only vital for protecting marriage equality but also for upholding the core principles of democracy.
“Equal protection is essential to having a democratic form of government. If everyone’s not equal under the law, then you don’t have a democracy,” Minter stated.
California’s history with LGBTQ+ rights has been marked by several pivotal moments. Twice in the past 20 years, voters have rejected measures that would have safeguarded civil rights for LGBTQ+ individuals. However, the state’s record of discrimination stretches back even further, challenging its progressive reputation.
In 1978, Republican lawmaker John Briggs introduced Proposition 6, also known as the Briggs Initiative, which sought to mandate the firing of teachers suspected of engaging in “homosexual activity” or “conduct.” The proposal sparked widespread outrage, leading to a massive grassroots effort by LGBTQ+ Californians. The movement was fueled by many coming out to their families and communities, a powerful act that helped humanize the LGBTQ+ population in the public eye.
The initiative was ultimately defeated, marking a significant victory. Yet, the struggle for marriage equality continued.
In 2000, voters approved Proposition 22, which legally defined marriage as a union between a man and a woman. This sparked years of legal and legislative battles. In 2008, the California Supreme Court overturned Prop. 22, allowing same-sex marriages to proceed.
State Senator John Laird, a Democrat from Santa Cruz and a co-sponsor of the bill that became Prop. 3, vividly recalls the moment marriage equality was recognized in California. “I was standing on the Assembly floor when the speaker’s press secretary got emotional and couldn’t even tell me. He handed me the phone, and it said the Supreme Court ruled in favor of marriage equality. I immediately called my spouse and proposed,” Laird reminisced.
The couple married in September 2008, but just months later, opponents of marriage equality succeeded in passing Proposition 8, which amended the state Constitution to again restrict marriage to heterosexual couples.
Now, Proposition 3 seeks to erase that legacy once and for all, formally enshrining marriage equality into California’s Constitution and reinforcing the state’s commitment to equal rights for all.