A pair of state lawmakers have introduced a proposal that would enshrine marriage equality in California, and repeal from its constitution the discriminatory 2008 measure that recognized “only marriage between a man and a woman.” Even after numerous court rulings—notably the Supreme Court’s landmark 2015 decision recognizing marriage equality nationally—the initiative remains on the books.
Passage of state Sen. Scott Wiener and Assemblyman Evan Low’s proposal seems like a no-brainer in a state with a Democratic supermajority. But just like Proposition 8 was passed by voters, it would also need to be repealed by voters.
Should two-thirds of the state legislature approve the proposal, it would once again need to go in front of voters. With the most extreme faction of the already right-wing Supreme Court publicizing its wish list to strike down key rights, the lawmakers say it’s time for the state to strike the bigoted language from the state constitution once and for all.
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“Although marriage equality is currently protected by Judge Vaughn Walker’s 2010 ruling striking down Prop. 8 and the 2015 Supreme Court decision in Obergefell, it has become increasingly clear that The Supreme Court cannot be trusted to protect our civil rights and liberties,” Wiener and Low’s offices said in a joint statement received by Daily Kos.
If the right-wing Supreme Court was willing to overturn decades of precedent when it comes to abortion rights, as it did in its shocking decision last year, “it cannot be assumed it will uphold less than a decade of precedence protecting marriage equality,” their offices continued.
“The recent passage of the Respect for Marriage Act was an important step forward—it requires the federal government to recognize same-sex and interracial marriages and affirms that states must recognize valid marriage licenses from other states—but it does not require states to issue marriage licenses to same-sex couples,” they noted.
The measure, introduced by the northern California lawmakers on Valentine’s Day, would seek to go in front of voters during the 2024 presidential election.
"While LGBTQ+ Californians enjoy some of the strongest legal protections in the country, vestiges of discrimination still linger in our Constitution and our culture,” said ACLU California Action executive director Carlos Marquez III. “The repeal of Prop 8 is one critical step toward ensuring lived equality for all.” Imani Rupert-Gordon, executive director of the National Center for Lesbian Rights, said effects of California enshrining this right in its constitution could reverberate through the nation during a crucial time.
“Especially when LGBTQ+ people are under attack in so many states across the country, it is more essential than ever that California lead the way in affirming the equal dignity of every person, regardless of their race, religion, ethnicity, ability, gender, sexual orientation or gender identity,” Rupert-Gordon said. “Repealing Prop 8 is an important part of a much larger battle.”
It was just in 2021 when various extremist factions united to gather enough signatures to force a recall election against Democratic Gov. Gavin Newsom. He would end up trouncing his right-wing challenger by millions of votes. Proposition 8 passed by roughly 600,000 votes as former President Barack Obama won his first term. Since Obergefell, support for marriage equality “has rapidly expanded,” NBC News said. “While Mormon groups helped fund the Proposition 8 campaign in California, the Church of Jesus Christ of Latter-day Saints came out in support of the Respect for Marriage Act.”
”Repealing Proposition 8 is the right thing to do to ensure that marriage equality is protected now and for future generations,” said Low. “It’s time to send this issue to California voters to right this wrong,” said Wiener.
