California’s Proposition 8 initiative, which banned the state from recognizing same-sex marriages, could soon be repealed if new legislation is passed. Though the US Supreme Court gave the go-ahead for same-sex marriage in California back in 2013, the 2015 case that legalized gay marriage nationwide is still up for debate, and some worry that the high court may revisit it. State Senator Scott Wiener and Assembly Member Evan Low have introduced legislation that would rescind Proposition 8, which would then be put to voters in a referendum. California governor Gavin Newsom supports the repeal, saying: “It’s time that our laws affirm marriage equality regardless of who you are or who you love.”
Though California has been a US trendsetter in progressive policies and was where the current governor made headlines by issuing marriage licenses to same-sex couples in San Francisco before it was legal, it has been 15 years since Proposition 8 was approved, and the constitutional amendment has remained on the books since then. Wiener and Low’s proposed legislation would need a two-thirds vote in the Legislature to be approved before being put to a referendum.
If passed, California would join Nevada in amending its constitution to ensure the right to same-sex marriage. President Joe Biden also recently signed the Respect for Marriage Act, which requires states to recognize same-sex marriages, but does not force states to allow them if Obergefell is overturned. Tony Hoang, executive director of Equality California, is optimistic that the group can help build a large supportive coalition for the proposed amendment.
