Californians overwhelmingly voted Tuesday to overturn Proposition 8 — striking language banning same-sex marriage from the state constitution. Proposition 3 passed 61.1% to 38.9%, according to preliminary election returns from the California Secretary of State's office.
Prior to Election Day, the California Constitution stated, "Only marriage between a man and a woman is valid or recognized in California" — a remnant of the anti-marriage-equality Prop 8 passed by voters in 2008. The passage of Prop 3 removes this outdated language and replaces it with a provision that establishes the right to marry as a fundamental right.
Governor Gavin Newsom, who kick-started the marriage equality movement when he was mayor of San Francisco, backed Prop 3.
Equality California, the statewide LGBTQ rights organization, praised the results.
"This vote is a tremendous victory for fairness, justice, and love," stated Tony Hoang, a gay man who is executive director of EQCA. "We are grateful to all those who voted to reaffirm the freedom to marry and protect loving couples and families across California who deserve to have their marriages protected and respected under the law.
"With the current makeup of the Supreme Court, there is no guarantee that the precedent set by Obergefell almost 10 years ago will hold," Hoang stated, referring to the 2015 court decision that legalized same-sex marriage nationwide. "If the Supreme Court can overturn almost 50 years of precedent — as they did with Roe v. Wade — we cannot assume it will uphold a decision protecting marriage equality for same-sex couples not even a decade old."
In fact, it was Justice Clarence Thomas' concurring opinion in the 2022 case that overturned Roe that called for the court to possibly review other precedents, like the Obergefell v. Hodges ruling that legalized same-sex marriage.
"This vote is a declaration of love and acceptance," Hoang added. "Equality California was proud to be a member of the executive committee of the Yes on 3 campaign and work with incredible partners. Our thanks to Assemblymember Evan Low, Senator Scott Wiener, and the Legislative LGBTQ+ Caucus, who provided strong leadership from the outset, and to all our legislative and community partners and allies who came together to help safeguard marriage equality for all Californians."
The Yes on 3 campaign was markedly different from the contentious Prop 8 campaign 16 years ago. Prop 3 garnered considerable early support and was not the divisive battle of the earlier campaign, partly as a result of the growing acceptance of same-sex marriage in California.
"This victory affirms that the equal opportunity to marry, regardless of gender or race, is a California value," stated Bamby Salcedo, a trans woman who is president and CEO of the TransLatin@ Coalition. "This strong wave of support sends a clear message that Californians stand firmly with the LGBTQ+ community, especially as we face an increase in threats to our equality nationally."
The decision to enshrine equal marriage rights in the state's Constitution comes as Republican former president Donald Trump will begin a second term in the Oval Office next year with a Republican-led U.S. Senate that will allow him to appoint more conservative judges to the federal bench. LGBTQ advocates had decided to add this year's Prop 3 to the November 5 ballot in case a conservative Supreme Court throws out the right to same-sex marriage. Prop 3 also protects the right to interracial marriages.
Other propositions
Golden State voters also voted to make key changes to another proposition they passed years ago, Proposition 47, with this year's Proposition 36, which is passing 70% to 29%, according to preliminary election returns.
Prop 36 was placed on the ballot amid the state's crises of organized retail theft and drug overdose deaths. It makes a number of changes to 2014's Proposition 47. For example, Prop 36 makes the theft of items worth $950 or less a felony if a person has two or more past convictions for theft crimes. Prop 47 generally made those crimes misdemeanors.
The measure would also allow people who possess illegal drugs to be charged with a "treatment-mandated felony" instead of a misdemeanor. Those who possess drugs - such as fentanyl, heroin, methamphetamine, and cocaine - and have two past convictions for drug crimes would have charges dismissed if they complete mental health or drug treatment. But those who don't finish treatment could serve up to three years in state prison. The changes undo some of the punishment reductions in Prop 47, according to the nonpartisan legislative analyst.
Gay San Francisco District 6 Supervisor Matt Dorsey, who is in recovery and has been open about his past drug use, supported Prop 36. He told the Bay Area Reporter that he's "grateful that Prop 36 passed so convincingly."
"I think the treatment-mandated drug felonies it makes possible will enable us to make hundreds of lifesaving interventions in San Francisco," Dorsey stated to the B.A.R. "The challenge for us now, as local policymakers, will be to expand drug treatment to meet the need — and that'll be a major priority of mine moving forward."
Proposition 33, which would have repealed the Costa-Hawkins Rental Housing Act (limiting local jurisdictions' ability to enact rent control), was failing 61% to 38%, according to preliminary returns. The San Francisco Board of Supervisors had passed legislation expanding rent control to units built before 1994 (the current cut-off year is 1979) if Prop 33 had passed.
Voters also appear to have rejected Proposition 5, which allows local bonds for affordable housing and public infrastructure with only 55% voter approval instead of the current 66.67%. It's failing 55% to 44%, early returns showed. Proposition 6, which bans involuntary servitude for prisoners, was also failing 54% to 45%; and Proposition 32, which raises the minimum wage, was failing 52% to 48%, according to preliminary returns
On the other hand, three propositions look like they will be approved, including Proposition 2, a school facilities bond, which is passing 56% to 43%; Proposition 34, which prevents medical dollars being spent on political campaigns and is passing 51% to 48%; and Proposition 35, which provides permanent funding for Medi-Cal Health Care Services and is passing 66%-33%, according to preliminary returns.
Prop 34 was dubbed the "revenge" initiative by the Los Angeles-based AIDS Healthcare Foundation, as its authors specifically aimed it at the nonprofit. AHF has spent millions of dollars bankrolling the rent control initiatives. The failure of Prop 33 was the third time voters decided on the issue.
Never miss a story! Keep up to date on the latest news, arts, politics, entertainment, and nightlife.
Sign up for the Bay Area Reporter's free weekday email newsletter. You'll receive our newsletters and special offers from our community partners.
Support California's largest LGBTQ newsroom. Your one-time, monthly, or annual contribution advocates for LGBTQ communities. Amplify a trusted voice providing news, information, and cultural coverage to all members of our community, regardless of their ability to pay -- Donate today!