A case decided by the California Supreme Court in May of 2008 cleared the way for same sex marriage in the state. But it didn’t last long.
Opponents got a measure on that November’s ballot, Proposition 8. It passed, and the words “only marriage between a man and a woman is valid or recognized in California” were enshrined in the state constitution.
While Prop. 8 became moot when the US Supreme Court issued the Obergefell decision in 2015, making same sex marriage legal across the country, it still remains on the books.
California voters could change that in November. Proposition 3 would repeal Prop. 8.
“Prop. 3 is a crucial initiative to protect California’s values of freedom and equality," said Equality California Executive Director Tony Hoang.
Hoang was one of several local political and civil rights leaders that gathered at the LGBT Center on Tuesday to call on San Diego County residents to vote for Prop. 3.
Speaker after speaker related the case for passage of Prop. 3 to what happened with Roe v. Wade two years ago. They said if the Supreme Court could eliminate women’s reproductive freedom that they’d had for 50 years, they could also do the same to marriage equality — which has been around for less than 10.
“The LGBTQ equality and the reproductive rights movement are inextricably linked, because they are all really ... the same foundation in terms of bodily autonomy and being able to make decisions that we think are best for ourselves and our families," said Vernita Gutierrez with Planned Parenthood of the Pacific Southwest.
When Prop. 8 passed, thousands of same sex couples who’d tied the knot were left in limbo as the issue worked its way through the courts.
The goal of Prop. 3 is to make sure, no matter what happens on the federal level, that that never happens again in California.
“If the Supreme Court were to rule in a way similar to Roe, that is what’s on our books, so Proposition 3 removes that zombie legislation off of our constitution and instead enshrines that freedom to marry," San Diego Mayor Todd Gloria said.
Whether that enshrining happens will be up to California voters this November, just like it was in November of 2008.
