Prop 3 explained: Enshrining the right to gay marriage in the California constitution
Proposition 3 asks California voters to remove language currently in the state constitution that recognizes marriage as only between a man and a woman. Voters added this as a gay marriage ban to the constitution in 2008. It has not been enforced for at least a decade, as the U.S. Supreme Court has prevented California from enforcing it since 2013. The proposed amendment would remove the ban and replace it with language saying, “The right to marry is a fundamental right" regardless of race or sex.
State officials note because this doesn't change who is allowed to marry, there would be no financial impact to the state if approved.
Who supports it?
Democratic Assemblyman Evan Low, Equality California, and Planned Parenthood of California are among the leaders registered in support. Gov. Gavin Newsom has also publicly campaigned for the measure.
"Although marriage equality for same-sex couples has been the law of the land in the United States for years, California's Constitution still says that same-sex couples are not allowed to marry," supporters said. "Recent threats against fundamental rights have made it clear California must be proactive in protecting the freedom to marry regardless of gender or race."
How much money has the supportive campaign raised?
As of Sept. 5, campaign finance records show the effort raised $2.7 million. Top contributors include Federated Indians of Graton Rancheria with $1 million, and Kevin DeLeon's 2026 campaign for lieutenant governor with $550,000.
Who opposes it?
The California Family Council and the American Council of Evangelicals are registered opponents of the proposal.
"The big problem with Proposition 3 is that it overrides all laws on marriage. A 'fundamental right' to marry means it would remove protections against child marriages, incest, and polygamy. Is this what we want for California?" wrote Jonathan Keller, the president of the California Family Council in the argument against the measure. "The unclear wording of Prop. 3 would lead to serious problems that harm our society."
How much money has the opposition campaign raised to fight it?
State campaign finance data show opponents have not raised any money as of Sept. 5.
Learn more on the secretary of state's website.
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