Although there is no current threat to the legality of gay marriage, and President Biden signed a bill safeguarding it last year, the Democratic-dominant state Legislature is seeking to remove language from California’s Constitution that still defines marriage as between a man and woman.
The outdated state definition has been deemed unenforceable and unconstitutional thanks to federal law, but LGBTQ advocacy groups are asking voters to repeal it and amend the California Constitution to instead explicitly state that marriage is “a fundamental right.”
The state Senate approved ACA 5 on Thursday, after the state Assembly did the same in June, sending the question to voters next November. Constitutional amendments are required to pass both houses of the Legislature by a two-thirds vote and get a majority approval from voters. The measure received bipartisan support.
“Next fall, Californians will reject the assault on LGBTQ rights that bigoted, ideological Justices have launched from the Supreme Court,” state Sen. Scott Wiener (D-San Francisco) said in a statement.
Last week, when Gov. Gavin Newsom was out of state, Senate leader Toni Atkins (D-San Diego) signed bills into law on his behalf as the first out gay acting governor.
“That same California Constitution that gave me the ability to create laws with a stroke of a pen still says I’m not allowed to marry the spouse of my choice,” she said on the Senate floor on Thursday. “I think that’s wrong.”
The current state Constitution definition dates back to 2008, when California voters approved a ban on same-sex marriage with Proposition 8. That has since been overturned, and liberal California remains a leader on LGBTQ rights.
Still, civil rights groups alarmed by recent decisions by the Supreme Court are urging voters that it’s better to be safe than sorry.
“Proposition 8 has been a stain on our state’s Constitution for nearly 20 years. It is long past time that we correct this injustice and remove this shameful and outdated provision from our law,” said National Center for Lesbian Rights Executive Director Imani Rupert-Gordon.
ACA 5 was opposed by conservative religious groups including the California Capitol Connection, which argued that the Bible defines marriage as between a man and woman.
California has the largest LGBT population in the nation, with 2.7 million residents identified as part of the community, according to 2021 census data. Nationally, 71% of Americans believe same-sex marriage should be legal, according to a recent Gallup poll.