California must safeguard equal marriage rights
California needs to protect same-sex marriage by removing Proposition 8 from the state Constitution.
The U.S. Supreme Court decision to overturn Roe v. Wade proves the state cannot take federal equal rights protections for granted. Justice Clarence Thomas made that clear in his concurring opinion when he wrote that the court should reconsider the landmark rulings that legalized contraception, samesex intercourse and same-sex marriage.
Thomas' opinion sent shock waves throughout California, given that Proposition 8, the initiative voters approved in 2008 banning same-sex marriage, sadly remains on the books. Yes, Proposition 8 was ruled unconstitutional by a federal district court in 2010. Yes, the Supreme Court guaranteed marriage equality with its Obergefell v. Hodges ruling in 2015. And yes, none of the other conservative justices on the Supreme Court signed on to Thomas' opinion in 2022. But Roe v. Wade showed that Californians should not make assumptions on what the Supreme Court will do next.
In response, on Valentine's Day, Bay Area state Sen. Evan Low introduced Constitutional Amendment 5, which would make same-sex marriage a basic right for Californians.
The measure requires the approval of two-thirds of the Legislature. If that happens this year, as expected, Constitutional Amendment 5 would be placed before voters on the Nov. 5, 2024, ballot.
One of the main arguments against same-sex marriage — that it somehow diminishes the institution of marriage between a man and a woman — has never made sense. We have long argued that couples shouldn't determine the value of their vows based on who else is allowed to take them.
It's also important to remember that marriage confers hundreds of rights and responsibilities to couples, including, but not limited to, parenthood, medical care decisions, tax benefits and liabilities and inheritance. Marriage also leads to improved civic life, given that stable families have a major interest in building strong communities.
The Catholic and Mormon churches poured millions into the effort to pass Proposition 8, approved by 52.2% of California voters.
Since then, growing numbers of Americans support same-sex marriage, to the extent that younger generations often wonder why it's an issue, period. A 2022 Gallup poll showed 71% of Americans believe samesex marriage should be law. To show how times have changed, when Gallup first polled about same-sex marriage in 1996, barely a quarter of the public (27%) supported legalizing such unions.
Californians should want their state Constitution to be about conferring rights, not taking them away.
Making same-sex marriage a basic right for Californians ensures that what society knows to be a beneficial institution will be open to all adults. Every young person should grow up knowing that they have the fundamental right to to create their own family and enjoy the benefits it brings to them and their communities.