California and Colorado have successfully stripped definitions of marriage from state law, repealing same-sex marriage bans that have not been in effect for nearly a decade.
Californians are poised to pass Proposition 3, according to the New York Times, guaranteeing a constitutional right to marriage between same-sex couples and striking down Proposition 8, a previous law passed in 2010 banning same-sex marriage in the state. Colorado is poised to pass Amendment J, according to the NYT, striking similar language from the state’s constitution prohibiting the act.
Same-sex marriage bans have not been enforced since the Supreme Court found a constitutional right to marriage for all in 2015 through the Obergefell v. Hodges decision, though language banning the act remained on the books in some states despite being unenforceable. The passing of Prop 3 in California and Amendment J in Colorado means dormant language banning same-sex marriage will be officially removed from the law.
“We’ve always known that at some point we need to get this discriminatory provision out of the California constitution,” said Democratic California state Sen. Scott Wiener, a co-author of Prop 3, according to CalMatters.
Advocates of the amendment say the update to the constitution is necessary in case the federal protections on same-sex marriage are challenged, according to CalMatters. Opponents of the motion say it “represents a significant escalation in the ongoing efforts to dismantle the traditional family structure,” according to the California Family Council (CFC).
“The absence of any clear definition of marriage is alarming and paves the way for the legalization of polygamy, child marriage, and incestuous relationships,” Jonathan Keller, president of CFC, said in a statement. “Stable, traditional marriages are vital for the well-being of children and society.”
Colorado’s newly-passed amendment will remove language from the state constitution defining marriage as a “union between one man and one woman,” according to the voter guide.
“While our protection is in place today, due to the 2015 U.S. Supreme Court ruling, none can predict what the future holds,” Democratic Colorado Sen. Joann Ginal said when she proposed Amendment J, according to the Colorado Sun.
In a dissenting opinion of the Supreme Court’s historical ruling overturning Roe v. Wade in 2022, which created a constitutional right to abortion, Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan suggested that the precedent established by the majority’s ruling might also be used to question the Obergefell ruling.
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