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Californians To Vote On Removing Language From State Constitution To Protect LGBTQ+ Marriage Equality

Two people with light skin tones stand in a crowd outside. One person is wearing sunglasses while holding a red sign that says I do support the freedom to marry, from Equality California.
People celebrate the Supreme Court ruling on same-sex marriage on June 26, 2015 in West Hollywood, California.
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Topline:

Next year, Californians will vote on repealing the voided Proposition 8 language that’s still in our state constitution in an effort to protect LGBTQ+ marriages.

What the amendment would do: The state senate approved ACA 5 in a bipartisan vote on Thursday, which would amend the California constitution to remove the limitation on marriages to a man and a woman. If approved by voters, the amendment will reinforce the existing right for same-sex marriage in California.

About Proposition 8: In 2008, California voters approved Prop. 8, a measure that banned same-sex marriages from being recognized by the state. That measure was voided by the ninth circuit court in 2013.

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Why now: Hollingsworth v. Perry legalized same-sex marriage in California, a conclusion from a number of challenges that ended in 2013. But the U.S. Supreme Court ruled for it to apply nationally with Obergefell v. Hodges in 2015. Senate analysis shows there is concern that the current court’s conservative makeup could change things in the future. By getting the Prop. 8 language out, it will “ensure that the provision will not spring back into effect” should precedent change.

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