In some states, marriage equality will be on the ballot this year. What you need to Know
Windhoek – Namibia – May 20, 2021: LGBTQIA rights activists demonstrate in a protest march to support the recognition of same sex weddings
Photo: Shutterstock
Many conservative figures have said that they are watching Obergefell v. Hodges, and the landmark ruling legalizing marriage equality nationwide may very well be on the chopping block. This is especially true since Justice Clarence Thomas has stated it warrants a second look. There are three marriage equality ballot measures in the upcoming election. In the upcoming election, there are 3 ballot measures relating to marriage equality.
Related:
California Proposition 3
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On the California ballot is Proposition 3, a measure designed to repeal the famed proposition 8, an anti-gay ballot measure from 2008. Proposition 8 stated that marriage was a union strictly between a man and a woman and was controversial even at the time it was passed.
Proposition 8 was deemed illegal by the Supreme Court in 2013, however it remains in the California Constitution. California’s Constitution will prohibit gay marriage if Obergefell is overturned. “There would be no changes in who could marry.”
A vote of
NO
on this measure would mean that the California Constitution language would remain unchanged. No one would be able to marry.” During a time when our civil rights are under attack by courts and state houses across the nation, we cannot afford to wait to enshrine marriage equality in California’s Constitution – the time to act is now.”California Rep. Robert Garcia (D) said, “Prop 3 is about protecting the rights of our community and ensuring equality for all in our state. As ballots are being mailed out, I urge every Californian to vote yes on Prop 3 and stand with us in defending love, dignity, and respect for all.”Colorado Amendment J
In Colorado, Amendment J is a ballot measure that seeks to remove a section from the Colorado Constitution that prohibits marriage equality. The section reads, “only a union of one man and one woman shall be valid or recognized as a marriage in this state.”The text of the ballot measure reads, “A ‘yes
‘ vote supports removing the provision of the state constitution that says that ‘only a union of one man and one woman shall be valid or recognized as a marriage in this state.'”
“A ‘
no
‘ vote opposes removing the provision of the state constitution that says that ‘only a union of one man and one woman shall be valid or recognized as a marriage in this state.'”
Amendment J does not add anything to the constitution and would therefore make marriage equality more ambiguous. A simple majority is required to pass this measure.Colorado State Sen. Joann Ginal (D), who introduced the measure, said, “As representatives of the people of Colorado, it is our shared responsibility to uphold the principles of equality and justice for all citizens, regardless of political affiliations. The Hawaii Question 1, also known as Question 1, is on the ballot. It is entitled “Hawaii remove legislature authority to limit marriage to opposite-sex couples amendment.” This measure was designed to remove a 1998 provision in the state Constitution that prohibits same-sex marriage.
Same-sex marriage was legalized in the state in 2013; however, if Obergefell is overturned, the provision could put the existing law in jeopardy. Question 1 does not add anything to the constitution. It only suggests the removal of harmful language. The text of the measure reads, “A ‘
yes
‘ vote supports removing a provision of the constitution that states that ‘the legislature shall have the power to reserve marriage to opposite-sex couples.'”
“A ‘
no
‘ vote opposes removing a provision of the constitution that states that ‘the legislature shall have the power to reserve marriage to opposite-sex couples.'”
Gov. Josh Green (D), who expressed his support for this measure, said, “I have always been on the side of equality and civil right in our state. From my time as a member of the House and Senate to now, I am the governor.” Since the first constitution convention, Hawaii has sought to affirm civil rights and protections for all its citizens. Voting yes to this constitutional amendment advances the goal of protecting our LGBTQ+ family,” U.S. Senator Brian Schatz stated, “Hawaii’s Constitution should reflect our state’s values and diversity.” It’s for this reason that I will vote yes on ConAm Question 1. It will remove a relic of the past and affirm our commitment to treating LGBTQ+ people with the dignity they deserve.”
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