Sunday, September 15, 2024

California Initiative to Redefine Marriage

For the Fall California ballot:
PROPOSITION 3 This amendment proposed by Assembly Constitutional Amendment 5 of the 2023–2024 Regular Session (Resolution Chapter 125, Statutes of 2023) expressly amends the California Constitution by repealing and adding a section thereof; therefore, existing provisions proposed to be deleted are printed in strikeout type and new provisions proposed to be added are printed in italic type to indicate that they are new.

PROPOSED AMENDMENT TO ARTICLE I
First—That Section 7.5 of Article I thereof is repealed.
SEC. 7.5. Only marriage between a man and a woman is valid or recognized in California.

Second—That Section 7.5 is added to Article I thereof, to read:

SEC. 7.5. (a) The right to marry is a fundamental right.
(b) This section is in furtherance of both of the following:
(1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1.
(2) The rights to due process and equal protection guaranteed by Section 7.

I am not sure what to make of this. It is so vague that it appears to let future courts redefine marriage however they please.

In a few years, California judges may mandate plural marriages (ie, polygamy), animal marriages, contract-limited marriages, and incest marriages. Churches might be forced to accept peculiar marriages. The proponents of this amendment would probably that marriage ought to be redefined, if the culture leads judges to do it.

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