A proposed amendment to the California Constitution that would remove outdated language that defines only marriages between a man and a woman as valid was leading in early polls but remained too close to call on Tuesday night.
The measure amends the state Constitution to recognize a “fundamental right to marry, regardless of sex or race.”
The prior definition of marriage dates back to 2008, when voters approved a ban on same-sex marriage with Proposition 8. That has since been overturned in court, and a right to marriage is protected at the federal level while liberal California remains a leader on LGBTQ+ rights.
But supporters of Proposition 3 said that the precaution was necessary, warning of potential rulings from a conservative Supreme Court majority that Republican presidential nominee Donald Trump helped appoint.
After the Supreme Court in 2022 overturned Roe vs. Wade, ending the constitutional right to abortion, longtime conservative Justice Clarence Thomas said in a concurring opinion that the court should also reconsider rulings that rely on similar legal reasoning, such as those that protect same-sex marriage and access to contraception.
LGBTQ+ rights groups such as Equality California said that the state should correctly enshrine the right to marriage in its Constitution as it did with abortion rights after the Dobbs decision. The measure was supported by Gov. Gavin Newsom.
It was opposed by the California Family Council, which cited religious reasons and argued it would “harm families and society.”
California is home to the nation’s largest LGBTQ+ population.