California voters will decide in 2024 whether to enshrine the right to same-sex marriage in the state constitution, a chance for them to permanently remove an inactive ban on same-sex marriage they approved in 2008. The state Senate overwhelmingly passed the proposed constitutional amendment on Thursday, though most of the chamber's eight Republicans did not take a position. It would repeal a measure known as Proposition 8, which voters approved to prohibit the state from recognizing same-sex marriages, the AP reports. In practice, that law has been void for about a decade. But the measure remains on the books and can only be removed by voters.
"What we are doing today is joyous," said Sen. Scott Wiener, a Democrat representing San Francisco. "What the voters, I believe, will do next year is joyous. This is about recognizing the fundamental humanity of all 40 million Californians." Wiener and Democratic Assemblymember Evan Low, both members of the California Legislative LGBTQ Caucus, introduced the legislation after the US Supreme Court's ruling last year that overturned the right to an abortion, putting the fates of other previously decided rights into uncertain territory. Supreme Court Justice Clarence Thomas said at the time the court should reconsider its rulings on prominent cases such as the 2015 decision requiring states to recognize and issue licenses for same-sex marriages.
In an emotional debate on the Senate floor, lawmakers said the proposed amendment was long overdue. Democratic Sen. Caroline Menjivar, who is lesbian, fought back tears while sharing a story about family members refusing to attend her wedding. "This vote goes beyond faith. It goes to the damage it causes to me and my LGBTQ+ families and friends," Menjivar said. Voters passed Proposition 8 in 2008. After another round of court intervention, same-sex marriage has been legal in the state since 2013. The US Supreme Court legalized gay marriage nationally two years later.
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