Same-sex "marriage" is already legal in California. But Proposition 3 seeks to change marriage further by enshrining into the state constitution the phrase: "The right to marry is a fundamental right" – and striking the phrase: "Only marriage between a man and a woman is valid or recognized in California."
Proponents argue the proposition would remove "discriminatory language" from the state constitution and protect Californians' "freedom to marry, regardless of their race or gender." Opponents, in contrast, claim it would "open the door to child marriages, incest, and polygamy" … and that by making moms and dads optional "puts children at risk."
Both sides contend a vote for their side would make no change in who can marry. But Greg Burt, vice president for California Family Council, doesn't see it that way. He worries that the phrase change would leave it up to judges to decide what the word "marriage" means – and "here in California, it could mean anything," he adds.
"It could be crazy things like marrying a tree, a dog, a robot," he suggests. "But what we expect people will start pushing for is group marriage or polyamory, where a bunch of folks all want to marry each other at the same time; or a marriage involving more than two people, like three people want to get married; or adults wanting to marry children, or children wanting to get married, or marrying a close relative.
"All those things which statues now limit will be up for grabs because 'marriage is a fundamental right,' and a judge will decide whether a person's sincere beliefs justify allowing them to get married."
The U.S. Supreme Court in 2015 ruled in Obergefell v. Hodges that same-sex marriage is legal across the United States. "So, once we opened it up and allowed same-sex couples to marry, there is no limiting principle to allow any other definition of marriage to go forward," Burt stated.
The family advocate says "only the vote of the people" can stop Prop. 3 from becoming part of California's Constitution.
"[But] so far, I think a lot of people are simply ignorant about its implications," he concluded. "They simply think that we are erasing language that the Supreme Court is no longer saying we can enforce, but that isn't true. It's repealing and replacing it."
California Family Council is among the groups opposing Proposition 3.
