Calif. to vote on full repeal of Prop. 8 in 2024

Fifteen years after approving Proposition 8, California Voters will decide on removing language in the state constitution that defines marriage as between a man and a woman.

California voters will have their voices heard on removing language from the California Constitution defining marriage as between a man and a woman. 

Voters will decide on fully repealing 2008’s Proposition 8 on next year’s ballot. 


The backstory: Fifteen years ago, voters approved a ban on same-sex marriage when they passed Prop. 8. 

  • But the ban was overturned in 2010 by a federal appeals court, which ruled Prop 8 to be unconstitutional. The U.S. Supreme Court dismissed an appeal in 2013, affirming same-sex marriage in California. 
  • Despite the legality of gay marriage no longer being a question in California, the state constitution still retains language from Prop. 8 which states “only marriage between a man and a woman is valid or recognized in California.”  

The big picture: State Sen. Scott Wiener (D–San Francisco) and Asm. Evan Low (D–Sunnyvale) introduced Assembly Constitutional Amendment 5 to remove the language from the constitution put in by Prop 8. 

  • The Assembly passed ACA 5 last month, and the Senate approved the proposal earlier in July. 
  • Next year ACA 5 will appear on the November ballot, giving Californians the final say in constitution’s language regarding marriage. 
  • ACA 5 needs a simple majority vote to pass in 2024. 

What they’re saying: “Marriage equality is a fundamental right and voters deserve the opportunity to remove a black mark from the California constitution,” Low said in a statement announcing the amendment. 

  • While same-sex marriage is currently legal in California, Low said that it could be temporary, citing the more conservative make-up of the Supreme Court.
  • “We have to remain vigilant, unwavering in our dedication to equality,” Low said. “Together, we can reinforce the importance of love, acceptance, and inclusivity. Our journey towards true equality is not over, and this is a foundational step in making progress and change here in the Golden State.”
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