Proposition 3, titled Constitutional Right to Marry, was a California ballot proposition that passed by vote in the 2024 general election on November 5, 2024. The proposition repealed Proposition 8, passed during the 2008 general election, and amended the state constitution to protect same-sex marriage. It also ensured that same-sex couples would have the right to marry in California in case the United States Supreme Court ever overturns Obergefell v. Hodges, thus making it a symbolic gesture until then.
The proposition amended Article I, Section 7.5 of the Constitution of California to read:<blockquote><s>"Only marriage between a man and a woman is valid or recognized in California.</s>
(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."</blockquote>
In the state voter guide, 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, CaliforniaâÂÂs 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."
In the state voter guide, 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 donâÂÂt 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."
On November 5, 2024, at 8:00 PM PT, polls in California closed. With 62.6% in favor, Proposition 3 was approved.
Cities & Unincorporated Areas that voted "Yes" on Proposition 3 and for Donald Trump
Cities & Unincorporated Areas that voted "No" on Proposition 3 and for Kamala Harris
18 counties (Butte, El Dorado, Inyo, Lake, Los Angeles, Nevada, Orange, Placer, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Joaquin, San Luis Obispo, Solano, Trinity and Ventura) flipped from Yes on Proposition 8 in 2008 to Yes on Proposition 3 in 2024, while no counties flipped in the opposite direction.
While Alpine, Mono and Yolo were the only interior counties to vote against Proposition 8, 15 interior counties (Alpine, Butte, El Dorado, Inyo, Lake, Mono, Nevada, Placer, Riverside, Sacramento, San Benito, San Bernardino, San Joaquin, Trinity and Yolo) voted in favor of Proposition 3. While seven coastal counties (Del Norte, Los Angeles, Orange, San Diego, San Luis Obispo, Solano and Ventura) voted for Proposition 8, Del Norte was the only coastal county to vote against Proposition 3.