Prop. 3 explained l California 2024 election

Summary

Proposition 3 aims to remove outdated language from California’s Constitution, which still states that same-sex marriage is prohibited, despite being legal for over a decade. Same-sex marriage was legalized in California in 2013 and nationwide in 2015, but Prop 8, which defines marriage as between a man and a woman, remains unenforceable but still on the books. Supporters of Prop 3 argue that removing this language is necessary to protect same-sex marriage rights against future rulings. Opponents claim it threatens family values. A yes vote updates the Constitution; a no vote leaves the language unchanged.

Takeaways

• 📜 **Legal Status**: Same-sex marriage has been legally recognized in California for over a decade.
• 🚫 **Constitutional Conflict**: Despite its legality, the California state constitution still prohibits same-sex marriage.
• 🗣️ **Advocacy**: LGBTQ rights advocates are pushing for the removal of outdated language from the state constitution.
• 🏛️ **Historical Context**: The issue began in 2004 with then-San Francisco Mayor Gavin Newsom issuing marriage licenses to same-sex couples, which was later shut down by the California Supreme Court.
• 📉 **Proposition 8**: In 2008, California voters approved Proposition 8, defining marriage as between a man and a woman.
• 🏳️‍🌈 **Legal Battle**: A series of legal challenges led to a federal court allowing same-sex marriages to resume in California in 2013, and nationwide legalization by the U.S. Supreme Court in 2015.
• 🧟‍♂️ **Zombie Law**: Proposition 8 is now considered a zombie law, unenforceable but still on the books.
• 📝 **Proposition 3**: Introduced to remove the discriminatory language from the constitution.
• 🛡️ **Supporters' Argument**: Supporters of Prop. 3 argue it would safeguard against future legal challenges that could undermine same-sex marriage rights.
• ❌ **Opponents' Concerns**: Opponents claim Prop. 3 threatens family values and that it could override state marriage laws, despite nonpartisan analysis refuting this claim.
• 🗳️ **Voting Guide**: Voters are advised to vote YES on Prop. 3 to align the California Constitution with federal marriage laws, or NO to retain the current language.

Q & A

What is the main issue addressed in the script?

The script addresses the outdated language in the California Constitution that still prohibits same-sex marriage, despite it being legal in the state for more than a decade.

What event initiated the legal battle over same-sex marriage in California?

The legal battle started in 2004 when then-San Francisco Mayor Gavin Newsom issued marriage licenses to same-sex couples, which led to significant legal challenges.

What was Proposition 8, and when was it approved?

Proposition 8 was a constitutional amendment defining marriage as between a man and a woman, approved by California voters in 2008.

What happened after Proposition 8 was approved?

A legal battle ensued, and in 2013, a federal court allowed same-sex marriage to resume in California. Eventually, the U.S. Supreme Court legalized gay marriage nationwide in 2015.

What is a 'zombie law' as mentioned in the script?

A 'zombie law' refers to a law that remains on the books but is unenforceable, like Proposition 8 in California, which still exists in the state constitution but cannot be enforced.

What is Proposition 3, and what does it propose?

Proposition 3 proposes to remove the outdated language in the California Constitution that prohibits same-sex marriage, to reflect current federal laws and protect the right to same-sex marriage in the future.

Why do some supporters of Proposition 3 believe it is necessary?

Supporters believe Proposition 3 is necessary to guard against future Supreme Court rulings that could undermine the right to same-sex marriage, citing the reversal of Roe v. Wade in 2022 as an example.

What are the main arguments of opponents to Proposition 3?

Opponents argue that Proposition 3 threatens family values and that children do best when raised by both mothers and fathers. They also claim it could override state marriage laws, though the Legislative Analyst’s Office found no evidence of this.

What would a 'YES' vote on Proposition 3 accomplish?

A 'YES' vote would remove the outdated language from the California Constitution, ensuring it aligns with current federal laws regarding who can marry.

What would a 'NO' vote on Proposition 3 mean?

A 'NO' vote would leave the outdated language prohibiting same-sex marriage in the California Constitution, even though it is unenforceable.