In practice, this proposition would not change who can marry, it would only change the language of the California Constitution that still only acknowledges marriage between a man and a woman.
Approving the change of language would cement the legacy of progress that has allowed same-sex and interracial couples to marry.
In the Hollingsworth v. Perry Supreme Court case from 2010, United States District Court Judge Vaughn Walker ruled that Prop 8 was unconstitutional after a two-week trial. He then issued an order prohibiting the state and local officials named in the lawsuit, from enforcing the proposition – referred to as an injunction.
Following that move, the proponents of Prop 8, challenged the decision by filing an appeal to the Ninth Circuit Court of Appeals.
The Ninth Circuit agreed with the district court, standing by the notion of its unconstitutionality, though they stated a different reason for their position on the issue. The proponents of Prop 8 then filed a petition to review the Ninth Circuit and the district court’s rulings.
In 2013, the U.S Supreme Court ruled that the proponents of Prop 8 "lacked standing to appeal to the district court’s ruling that Proposition 8 was unconstitutional."
Instead of deciding whether Prop 8 was constitutional or not, the U.S Supreme Court decided only that the appeal from the district court’s ruling was "improper," and invalidated the Ninth Circuit’s ruling.
Judge Walker’s district court ruling that states Prop 8 is unconstitutional and the injunction he set, are the only rulings that remain intact from that ordeal. On June 28 2013, same-sex couples were able to resume the right to marry.
And it wasn’t until 2015, that the Supreme Court ruled that same-sex marriage was legal in all 50 states.
Proposition 3 would add a constitutional amendment that states that all people have a right to marry regardless of sex or race.
If rejected, there would be no change to the ability for new couples to marry or reversal in the legitimacy of current marriages, but it would put same-sex marriage in possible danger for being challenged by the Supreme Court in future cases similar to Hollingsworth v. Perry.
Proposition 3 enshrines same-sex marriage in the Constitution to match what the federal courts have said about who can marry, meaning that same-sex and interracial couples are federally protected and Prop 3 would simply back that up in California.
If approved, there would be no change in revenues or costs to state and local governments.
Prop 3 would replace the definitions of marriage set forth by the Defense of Marriage Act of 1996, which states that "no state, territory or possession of the United States or Indian tribe, shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction or to any right or claim arising from such relationship."
DOMA further goes on to federally define marriage as "between one man and one woman, or husband and wife, and spouse as only a person of the opposite sex who is a husband or wife."
In September, The Public Policy Institute of California found in a poll of 1,605 adults, that 68% of likely voters would vote yes on Prop 3. The poll found that a strong majority of Democrats and independents support the proposition.
The poll also found that majorities across demographic groups in California support the proposition and that the support increases with higher educational attainment and income, while support decreases among those age 45 and older and remains stronger in those aged 18 to 44.
Supporters of the proposition include Sierra Pacific Synod of The Evangelical Lutheran Church in America, the Dolores Huerta Foundation and Equality California.
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