November 5, 2024 Ballot Prop. 3

Proposition 3: Constitutional Right to Marriage. Legislative Constitutional Amendment

Summary

Proposition 3 is a legislatively referred constitutional amendment. It would update the language in the California Constitution so that it mirrors what federal courts have ruled about who can marry. Specifically, the measure repeals Proposition 8 (2008), which defined marriage in the state constitution as between one man and one woman.The proposition would also add text establishing a right to marry as furtherance of the right to life, liberty, the pursuit of happiness, and privacy and the Due Process and Equal Protection Clauses of the state constitution.

Fiscal Impact

No change in revenues or costs for state and local governments.

What your vote means

A YES vote on this measure means: Language in the California Constitution would be updated to match who currently can marry. There would be no change in who can marry.

A NO vote on this measure means: Language in the California Constitution would not be changed. There would be no change in who can marry.

Official Voter Information

California Secretary of State, Text of Proposed Laws, Prop. 3 begins on page 75

California Secretary of State and State Attorney General, Voter Information Guide, Summary Analysis of Prop. 3

California Secretary of State, Quick Reference Guide Prop 3

California Legislative Analyst's Office, Prop 3

California Secretary of State, Cal-Access Ballot Measure Committee Campaign contributions for Proposition 3

California Secretary of State, Cal-Access, Cal-Access Campaign Finance Activity Prop. 3

California Secretary of State, Cal-Access: Campaign Contribution Guide Prop 3

California Fair Political Practices Commission, November 2024 General Election Top Contributors Lists

Non-partisan Voter Information

Ballotpedia

CalMatters

CalMatters prop 3 Explained (video)

California Budget and Policy Center (n/a 9/11/24)

KQED(n/a 9/11/24)

LAist (n/a 9/11/24)

Public Opinion Polls

Berkeley IGS Poll -

PPIC Statewide Survey -

Public Policy Institute of California Statewide Survey, Sept. 2024

Pro/Con Statements

Pro	Con
Proponents believe that the existing language in the Constitution is discriminatory and that Proposition 3 establishes a right to marry as a fundamental right for same-sex and interracial couples. Supporters frame Proposition 3 as a necessary measure to protect equal rights at a time when fundamental rights are under attack in the nation.	Opponents argue that Proposition 3 overrides all laws on marriage. By using the language of a "fundamental right", the Proposition will remove protections against incest, polygamy, and child marriage. They claim that, by changing the definition of marriage, this measure furthers the argument that children don't need both a mother and father. They point to research which indicates that kids succeed when raised by their mother and father in a stable, married home.

Pro

Con

Proponents believe that the existing language in the Constitution is discriminatory and that Proposition 3 establishes a right to marry as a fundamental right for same-sex and interracial couples. Supporters frame Proposition 3 as a necessary measure to protect equal rights at a time when fundamental rights are under attack in the nation.

Opponents argue that Proposition 3 overrides all laws on marriage. By using the language of a "fundamental right", the Proposition will remove protections against incest, polygamy, and child marriage. They claim that, by changing the definition of marriage, this measure furthers the argument that children don't need both a mother and father. They point to research which indicates that kids succeed when raised by their mother and father in a stable, married home.

Supporters	Opponents
Yes on Prop3	California Family - Prop. 3

Yes	No
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Yes

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