Proposed amendment aims to safeguard same-sex marriage in California

Two Bay Area lawmakers introduced legislation today that would codify same-sex marriage in California. The constitutional amendment would rescind Proposition 8, which banned gay marriage back in 2008, before being overturned.  

After Roe v. Wade was overturned, supporters of same-sex marriage say they want to take action now to ensure anyone who wants to get married in California can do so.  

It’s been 15 years since Proposition 8 was approved by California voters. The law made same-sex marriage illegal, but it was struck down in 2013 by the U.S Supreme Court.  

"At that time, under 50% of Californians supported same-sex marriage. Fast-forward to this day, the last recent poll made publicly available, over 70% of Californians support marriage equality in the state of California," said Tony Hoang, Equality California's Executive Director.  

Equality CA is the largest, statewide LGBTQ+ civil rights organization that represents over 900,000 members mainly in California and Nevada.  Hoang believes there is a real threat to same-sex marriage being overturned at the federal level and in California.  

"Because Proposition 8 was done via ballot measure, the only way to reverse that in the state of CA is another ballot measure," Hoang said.   

On Tuesday, Senator Scott Wiener and Assembly member Evan Low introduced legislation to rescind Proposition 8 from the state’s constitution. Voters will decide in November 2024.  

"This is a constitutional amendment that will require two-thirds of the legislature to pass it in California. What is different this time, is that we have bipartisan support," said Evan Low, Assembly member from Dist. 26. 

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Governor Newsom also released a statement supporting the removal of Proposition 8.  

 "We know that LGBTQ rights could be next on the chopping block, and it’s important, imperative and timely, that we make sure that we reflect the values of the state of California," Low said. 

We reached out to the California Family Council, a conservative group that champions traditional families, but they didn’t respond in time for this report.