Proposition 3

Right to Marry and Repeal Proposition 8 Amendment

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Would enshrine the right to same-sex marriage into the California constitution, repealing Proposition 8 — a measure approved by voters in 2008 that defined marriage as between a man and a woman. In practice, the ballot measure would not change who can marry. Proposition 3 is a legislative constitutional amendment that requires a simple majority (50% + 1) to pass.

Fiscal Impact: Proposition 3 would not change who is allowed to marry in California. This means there would be no change in revenues or costs to state and local governments.

Details

Pro/Con
Pro: 

Supporters argue the measure would simply remove obsolete language from the California constitution and uphold the right to a practice already recognized by the highest court in the land. The protection is especially timely, they said, due to “recent threats against fundamental rights,” alluding to the 2022 Supreme Court decision to overturn Roe v. Wade and allow states to decide abortion laws.  

A YES vote on this measure means: Language in the California Constitution would be updated to match who currently can marry. There would be no change in who can marry.

YesOnProp3CA.com (Campaign Website) 

Con: 

Opponents say the measure goes too far and would “override” marriage laws and remove protections against “child marriages, incest, and polygamy.” They argue that it’s best for children to be raised by both mothers and fathers, and that the measure “threatens our shared values of healthy families, healthy children, and a healthy society.”

An analysis of the proposal’s impact by the nonpartisan Legislative Analyst’s Office does not mention changes to state marriage laws.

A NO vote on this measure means: Language in the California Constitution would not be changed. There would be no change in who can marry.

In Depth
Background

The federal courts have said that same-sex couples can marry, but outdated language in the California Constitution still says that marriage can only be between a man and a woman.

Proposal

Proposition 3 updates the Constitution to match what the federal courts have said about who can marry.

Fiscal Effects

Proposition 3 would not change who is allowed to marry in California. This means there would be no change in revenues or costs to state and local governments. 

Source: LAO Analysis of Proposition 3

Polling

Visit Ballotpedia for summary data from recent polls and links to the complete published polls.

Berkeley IGS Poll

Voter Resources

Official California Documents

Official Voter Guide

Campaign Finance Information

Power Search: Access and download data from the Secretary of State's CAL-ACCESS System

Nonpartisan Analysis

Proposition 3, Reaffirm the Right of Same Sex Couples to Marry. CalMatters.

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