While the Proposition 8 ban on same-sex marriage was rescinded by a federal judge in 2010, the state is making a push to completely remove the inactive prop from its constitution.
California Sen. Scott Wiener and Assemblyman Evan Low presented the constitutional amendment Tuesday, which could be put to a ballot on Nov. 24, similar to how the right to an abortion was voted on in the 2022 state elections.
“Today is Valentine’s Day and it’s always the right time for love,” Low said after presenting the amendment.
The Proposition 8 ban on same-sex marriage was approved by voters in 2008 with 52% of the vote, only to be repealed by a federal judge in 2010.
The judge’s ruling on the prop was challenged and sent to the U.S. Supreme Court and in 2013, the Court ruled in favor of California becoming the 13th state to allow same-sex marriages in a 5-4 vote. What the court did not do, however, was rule that the ban was unconstitutional, leaving its remnants in the state constitution.
Still, the 2013 decision made same-sex marriage legal in California and the state began processing marriage licences that year.
“Nearly 20 years after celebrating the historic ‘Winter of Love’ in San Francisco, we must remain vigilant to protect our values of equality, freedom and acceptance from the forces of hate that seek to undo our progress,” Gov. Gavin Newsom said in a statement Tuesday. “Same-sex marriage is the law of the land and Prop. 8 has no place in our constitution. It’s time that our laws affirm marriage equality regardless of who you are or who you love. California stands with the LGBTQ+ community and their right to live freely.”
In 2020, Nevada became the first step to enshrine same-sex marriages into its constitution and California looks to follow suit, should the measure receive a two-thirds from state legislators and ultimately, a passing vote by California voters.
“Prop 8 was a hateful attack on LGBTQ people & remains a scar on our Constitution,” Wiener said. “Given the Supreme Court’s direction, it’s time.”
The state has rushed to embed controversial laws into the constitution after the Supreme Court reversed Roe v. Wade in September of 2022.
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