Californians to vote on repeal of same-sex marriage ban in November 2024 elections

A proposed amendment to remove language eliminating same-sex marriage rights from California’s state constitution will appear on the ballot in next year’s November elections after the measure cleared its final legislative hurdle Thursday with bipartisan support.

The amendment, known as ACA 5, would officially strike a provision from the state’s constitution that “only marriage between a man and a woman is valid or recognized in California.” That language was added to the constitution under Proposition 8, the controversial 2008 ballot proposition intended to ban same-sex marriage in California. When put to voters, it passed with more than 52 percent of the vote in a devastating blow to LGBTQ equality.

While unenforceable since the Supreme Court’s landmark 2015 decision that legalized same-sex marriage nationwide, Proposition 8 technically remains part of the state’s constitution. Including California, 34 states still have statutes or constitutional amendments on the books that prevent same-sex marriages from being recognized as legally valid.

California state Assemblymember Evan Low (D), who authored ACA 5 with state Sen. Scott Wiener (D), said the proposed amendment will “give voters the opportunity to remove a black stain from the California constitution.” 

“California is ready for love, and these protections will protect against any future attempts to restrict marriage rights for same-sex and interracial couples,” said Low, who, along with Wiener, is one of 12 openly LGBTQ legislators in California. 

The proposed amendment passed the state Senate Thursday in a 31-0 vote, with nine Republicans not voting. It passed the state Assembly in June in a landslide victory. Democrats have a super majority in both chambers.

In a statement Thursday, Wiener said he’s certain California voters next November “will reject the assault on LGBTQ rights that bigoted, ideological justices have launched from the Supreme Court.” The court last month sided with a Christian website designer who refused services to same-sex couples.

“The bipartisan support for this amendment shows once again that inclusion remains a core value across ideological lines in our state,” said Wiener, who has faced attacks from right-wing media personalities and politicians for sponsoring pro-LGBTQ state legislation, including a “shield law” that protects access to gender-affirming health care for transgender youths.

Nationwide, support for marriage equality has climbed to an all-time high. Seventy-one percent of Americans in a recent Gallup poll said they believed same-sex marriages should be “recognized by the law as valid.”