2024 California Proposition 3

Proposition 3

November 5, 2024 (2024-11-05)
Constitutional Right to Marry Amends California Constitution to recognize fundamental right to marry, regardless of sex or race. Removes language in California Constitution stating that marriage is only between a man and a woman.
as of 5:12 P.M., November 15, 2024 PT
Results
Choice Votes % Yes 8,990,807 62.71% No 5,346,850 37.29% Total votes 13,085,862 100.00% Registered voters/turnout 22,595,659 63.45%
Yes   80-90%   70-80%   60-70%   50-60% No   60-70%   50-60%
Source: California Secretary of State

Proposition 3, titled Constitutional Right to Marry, was a California ballot proposition and legislative statutes that passed by vote on in the 2024 general election on November 5, 2024. The proposition repealed Proposition 8 passed during the 2008 general election and amend the state constitution to declare that the "right to marry is a fundamental right". It also ensured that same-sex couples would have the right to marry in California in case the United States Supreme Court ever withdraws that federal right.

Text

The proposition amended Article I, Section 7.5 of the Constitution of California to read:

"Only marriage between a man and a woman is valid or recognized in California. (a) The right to marry is a fundamental right. (b) This section is in furtherance of both of the following: (1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1. (2) The rights to due process and equal protection guaranteed by Section 7."

Results

On November 5, 2024, at 8:00 PM PT, polls in California closed. On the same night, at 10:30 PM PT, with 74.93% of votes counted, the Associated Press projected, with 61.6% in favor, the passage of Proposition 3.

Support

Supporters of the proposition argued that "although marriage equality for same-sex couples has been the law of the land in the United States for years, California’s Constitution still says that same-sex couples are not allowed to marry [and that] recent threats against fundamental rights have made it clear California must be proactive in protecting the freedom to marry regardless of gender or race"

Supporters

Statewide officials

• Gavin Newsom, Governor of California (2019–present)

State legislators

• Toni Atkins, state senator from the 39th district (2016–present) and former president pro tempore (2018–2024)
• Scott Wiener, state senator from the 11th district (2016–present)
• Evan Low, state assemblyman from the 26th district (2014–present)
• Chris Ward, state assemblyman from the 78th district (2020–present)

Local officials

• Todd Gloria, mayor of San Diego (2020–present)

Political parties

• California Democratic Party
• Libertarian Party of California
• Peace and Freedom Party
• Green Party of California

Newspapers

• Los Angeles Times
• The Mercury News
• The Sacramento Bee
• The San Diego Union-Tribune
• San Francisco Chronicle

Organizations

• ACLU of Northern California
• Equality California
• Human Rights Campaign
• Planned Parenthood Affiliates of California
• TransLatina Coalition

Opposition

Opponents of the proposition argued that it "removes ALL protections on marriage, including limits on children, close relatives, and three or more people marrying each other" as well as "[overriding] all laws on marriage [and a] 'fundamental right' to marry [meaning] it would remove protections against child marriages, incest, and polygamy" and that "changing the definition of marriage, this measure also suggests that children don’t need both a mom and a dad [as Prop 3] goes against years of research showing that kids do best when raised by their mother and father in a stable, married home [and that] children without a mother or father are more likely to have emotional issues, take part in risky behaviors, struggle in school, and face financial problems."

Opponents

Organizations

• The American Council for Evangelicals
• California Capitol Connection
• California Family Council
• Concerned Women for America Legislative Action Committee
• Freedom in Action
• Real Impact

Polling

Date of opinion poll	Conducted by	Sample size	In favor	Against	Undecided	Margin	Margin of Error
October 2024	Public Policy Institute of California		67%	32%		35% pro
September 2024	Public Policy Institute of California		68%	31%		37% pro
January 21, 2023 - January 29, 2024	University of Southern California	1,416	73%	20%	7%	53% pro	±4%

See also

• 2008 California Proposition 8
• Same-sex marriage in California
• 2024 Colorado Amendment J
• 2024 Hawaii Amendment 1