Constitutional Right to Marry Amends California Constitution to recognize fundamental right to marry, regardless of sex or race. Removes language in California Constitution stating that marriage is only between a man and a woman.
Proposition 3, titled Constitutional Right to Marry, was a California ballot proposition and legislative statutes that passed by vote on in the 2024 general election on November 5, 2024.[3][4] The proposition repealed Proposition 8 passed during the 2008 general election and amend the state constitution to declare that the "right to marry is a fundamental right".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 ever withdraws that federal right.[5][6]
"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. On the same night, at 10:30 PM PT, with 74.93% of votes counted, the Associated Press projected, with 61.6% in favor, the passage of Proposition 3.[7]
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 [and that] recent threats against fundamental rights have made it clear California must be proactive in protecting the freedom to marry regardless of gender or race"
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 "[overriding] all laws on marriage [and a] 'fundamental right' to marry [meaning] it would remove protections against child marriages, incest, and polygamy" and that "changing the definition of marriage, this measure also suggests that children don’t need both a mom and a dad [as Prop 3] goes against years of research showing that kids do best when raised by their mother and father in a stable, married home [and that] children without a mother or father are more likely to have emotional issues, take part in risky behaviors, struggle in school, and face financial problems."
