California voters to decide whether to repeal Prop. 8

Voters in California will have a chance to enshrine the right to marriage equality in the state’s constitution next November by voting on whether to repeal Proposition 8, a constitutional amendment barring same-sex marriages.

Prop 8 was a measure created by opponents of marriage equality that was intended to ban same-sex unions. It passed in 2008, but it was struck down in federal district court in 2010.

The ban, though inactive, has remained on the books since then, sparking fears that the U.S. Supreme Court could overturn the 2015 landmark ruling that legalized gay marriages — just as Justice Clarence Thomas has suggested.Only voters can remove it from the state’s constitution.

On Thursday, the California Senate passed a proposed amendment to secure marriage equality and remove Prop 8′s discriminatory language.

Assembly Constitutional Amendment 5 (ACA 5) was approved on a 31-0 vote. Last month, the Assembly also passed the measure with no members voting against it.

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Authored by two state Democrats — Assemblymember Evan Low, from Silicon Valley, and Senator Scott Wiener, from San Francisco — the measure would amend the California Constitution to protect the fundamental freedom to marry.

“Today, with bipartisan support, we are one step closer to ensuring marriage equality as a fundamental right in California,” Low said in a statement. “ACA 5 will give voters the opportunity to remove a black stain from the California constitution.”

ACA will now appear on the November 2024 ballot.

Earlier this year, when the measure was introduced, Gov. Gavin Newsom expressed support to remove Prop. 8 from the books.

“We must remain vigilant to protect our values of equality, freedom and acceptance from the forces of hate that seek to undo our progress,” the Democrat said.

“Next fall, Californians will reject the assault on LGBTQ rights that bigoted, ideological Justices have launched from the Supreme Court,” Wiener said Thursday. “The bipartisan support for this amendment shows once again that inclusion remains a core value across ideological lines in our state.”

ACA 5 would also help safeguard against any future attempts to restrict marriage rights for interracial couples, according to Equality California.