California proposition on gay marriage

3. Arizona has since repealed the law.

In his concurring opinion in Dobbs v. In 2008, the California Supreme Court overturned the 2000 law, so Laroche and Laudon got married a third time. 

“We’ve always known that at some point we need to get this discriminatory provision out of the California constitution.”

state Sen.

Scott Wiener

Later that year, California voters passed Proposition 8, amending the state constitution to define marriage as a union “between a man and a woman.” Larchoche’s 2008 marriage was still legal, but the state would no longer authorize new marriages.

3 does not change who is allowed to marry in California, according to the state Legislative Analyst’s Office.)

They see it as a statement that mothers and fathers aren’t necessary in raising children, and that the measure isn’t needed because same-sex marriage is already legal.

The ballot measure is opposed by conservative groups, including the California Family Council and the American Council of Evangelicals.

3 say it’s an “extreme amendment.” They argue that it removes all limits on marriage, including between children and close relatives, by describing marriage as a fundamental right. “A fundamental right to marriage is different from an absolute one,” she said. Jackson, Justice Clarence Thomas suggested that the court reconsider other precedents too.

But if the court was able to overturn its decision on same-sex marriage, then that dead-letter language would come back to life," said State Senator Scott Wiener, who co-authored Proposition 3, which would enshrine the right to marry in the state constitution.

That dead phrase in the constitution says, "only marriage between a man and a woman is valid or recognized in California."

Proposition 3 would eliminate that phrase and replace it with one that says, "The right to marry is a fundamental right."

It's a simple phrase that worries some people.

"By making marriage a fundamental right without any other definition, it really opens up Pandora's box and would allow legal avenues for all sorts of relationships to be considered," says Jonathan Keller, president and CEO of the California Family Council.

"There's no definition on the genetic relationship between individuals who can get married under Proposition 3, on the age of people who can get married, and I think most crucially, there's no definition on the number of people who can get married.

Keller points to new laws enacted this year by Oakland and Berkeley recognizing polyamorous families.

It protects multi-partner families, people in asexual relationships, as well as single parents and multi-generational households, from discrimination in housing and civil services.

"This new constitutional amendment would override existing state laws that are defining marriage.

It would override a law that says polygamy was illegal. That opposition is part of why Randy Laroche and his partner David Laudon have gotten married three separate times. (Prop. 3 say it protects the right of Californians to marry, regardless of gender or race, and that it’s an important change to do in case marriage equality gets overturned in the future.

They also see it as wiping away discriminatory language in our state constitution, and a symbolic step that furthers California’s leading stance on LGBTQ+ rights.

The ballot measure is supported by a wide variety of left-leaning groups, including the ACLU, the Dolores Huerta Foundation, and Equality California.

If the law says that you can't marry an animal, which you can't, this will not change that," says Wiener.

Proposition 3 is personal for Oakland residents Stephisha and Viveca Ycoy-Walton.

"We live in fear for others every day that it can happen because we have seen it," says Viveca Ycoy-Walton, who married her partner in 2013 after the U.S.

Supreme Court struck down a lawsuit aiming to reinstate California's ban on same-sex marriage, thus reinstating the right to same-sex marriage in the state.

"It may seem like a formality. That language is still in there. Major supporters include the Human Rights Campaign, California Chamber of Commerce and American Civil Liberties Union of Northern California. 

Groups that opposed Proposition 3 included The American Council of Evangelicals and the California Family Council, an organization that describes its mission as "Advancing God's Design for Life, Family, & Liberty through California's Church, Capitol, & Culture."  

More from CBS News