California Aims to Add Same-Sex Marriage Rights to State Constitution

A bride holds a wedding bouquet at Old Orange County Courthouse in Santa Ana, Calif., on Feb. 22, 2022. John Fredricks/The Epoch Times

Fifteen years after California voted to ban gay marriage in the state, Gov. Gavin Newsom is backing a proposal to officially rescind the law and enshrine same-sex marriage as a right in the state constitution.

Proposition 8, approved by more than 52 percent of California voters in 2008, proclaimed “only marriage between a man and a woman” was valid or recognized in the state. Prop. 8 was struck down in 2010 in federal district court and in the U.S. Supreme Court in 2013.

On Feb. 14, Valentine’s Day, Assemblymember Evan Low (D-Campbell) proposed the constitutional amendment to rescind Prop. 8 and strike language from the constitution limiting marriage between a man and a woman.

Low has teamed up with Sen. Scott Wiener (D-San Francisco)—both members of the state Legislative LGBTQ Caucus—Equality California, and other LGBT advocacy groups to promote Assembly Constitutional Amendment 5 (ACA 5).

“Nearly 20 years after celebrating the historic ‘Winter of Love’ in San Francisco, we must remain vigilant to protect our values of equality, freedom and acceptance from the forces of hate that seek to undo our progress,” Newsom said in a statement.

“Winter of Love” refers to his actions as mayor to issue marriage licenses to same-sex couples for several weeks in 2004 in the city before it was deemed legal.

San Francisco mayor Gavin Newsom speaks to reporters after he married a same-sex couple in a private ceremony at San Francisco City Hall in San Francisco on June 16, 2008. Justin Sullivan/Getty Images

“Same-sex marriage is the law of the land and Prop. 8 has no place in our constitution. It’s time that our laws affirm marriage equality regardless of who you are or who you love. California stands with the LGBTQ+ community and their right to live freely.”

If approved by a two-thirds majority in the Legislature, the measure would be decided by voters in the 2024 general election.

The California Family Council (CFC), an original proponent of Prop. 8—along with the Roman Catholic Church and other religious groups—remains opposed to same-sex marriage.

“Marriage is a sacred bond created by God, not government, between one man and one woman. It is essential for all people of faith to be free to practice their deeply held religious beliefs regarding marriage,” CFC President Jonathan Keller told The Epoch Times in a text message.

“We welcome the opportunity to articulate God’s design for marriage through a good-faith public debate. We hope this leads to a respectful understanding between our friends in the LGBT community and those holding to a Biblical definition of marriage.”

Assemblyman Greg Wallis (R-Rancho Mirage), who represents LGBT communities in Coachella Valley, told The Epoch Times in an email on Feb. 17 that he supports Low’s proposal.

“The reality is that marriage is a contract and commitment between any two people in love, and it’s high time we make that clear. We need to remove the unconstitutional language from our California constitution. I am proud to join my colleagues in coauthoring this legislation,” Wallis said.