California voters will decide in the 2024 election whether to enshrine same-sex marriage in the state’s Constitution, following passage of the proposed amendment in the state Senate in July.
ACA 5—authored by Assemblyman Evan Low (D-Silicon Valley) and state Sen. Scott Wiener (D-San Francisco)—is intended to repeal a 2008 proposition that banned such marriage and, in addition, modify the state Constitution to state that same-sex marriage is a fundamental right.
While the U.S. Supreme Court cleared the way for same-sex marriage in the state in 2013, voter approval is required to repeal the 2008 measure—which says in the state Constitution that “only a marriage between a man and a woman is valid or recognized in California.”
“Marriage equality is a fundamental right and voters deserve the opportunity to remove a black mark from the California constitution,” Mr. Low said in a statement issued in June. “Although same-sex marriage is legal, it could be temporary. We have to remain vigilant, unwavering in our dedication to equality.”
The Senate overwhelmingly passed the bill during a July 13 vote, although all eight of the body’s Republican members abstained, along with Sen. Anthony Portantino (D-Glendale).
Sen. Brian Dahle (R-Bieber) said he abstained from voting for religious reasons.
“It’s not a judgment against [my colleagues],” Mr. Dahle said during the hearing. “[It’s about] me and my own faith and what I believe that I needed to do.”
However, Sen. Steve Padilla (D-San Diego) argued that the bill doesn’t concern religion.
“It’s about the government we serve in a pluralistic society with many faiths that treats us all equally before the law,” Mr. Padilla said.
In 2004, California gained national attention when then-San Francisco Mayor Gavin Newsom issued marriage licenses to same-sex couples. At the time, the practice was illegal and was halted by a court.
A legislative attempt to legalize gay marriage was later vetoed by then-Gov. Arnold Schwarzenegger, a Republican.
Subsequently, in 2008, voters passed Proposition 8, which prohibited same-sex marriage in the state.
However, following further court intervention, the practice became legal in the state in 2013, and two years later, nationally, following a U.S. Supreme Court ruling.
