In 2013, a U.S. Supreme Court ruling nullified California’s controversial Prop 8 — the voter approved state constitutional measure that officially defined marriage as between a man and a woman. But more than a decade later, the inert measure remains on the state’s constitution.
Now activists hoping to nullify Prop 8 once and for all are going to the November ballot with Prop 3, another constitutional measure that would officially scrub Prop 8 from the state books and declare same-sex marriage a fundamental right.
“What we’re trying to do is to just take that dirty stain off the California constitution," said Shay Franco-Clausen, political director with Equality California.
The Supreme Court’s decision legalizing same-sex marriage across the nation seemed to quell the tumultuous ride of same-sex marriage in California, which began in 2004 when then-San Francisco Mayor Gavin Newsom instructed the city to begin issuing marriage licenses to same-sex couples, which were voided six months later by the California Supreme Court.
But Franco-Clausen worries a change in national leadership could open the door for opponents of same-sex marriage to pounce. It’s why she is working to make sure Prop 3 passes.
“Seeing what happened with Roe v. Wade, we’re just preparing California to be a safe haven for those people that are married so we make sure it’s legal here in California," Franco-Clausen said.
Franco-Clausen and her wife Yolanda Franco-Clausen married in October 2013, not long after the Supreme Court issued its decision declaring the federal government can’t discriminate against married lesbian and gay couples. They had spent years on the sidelines of the same-sex marriage issue – supporting other couples and working politically to establish same-sex marriage rights – finally walking down the aisle themselves on the 10th anniversary of their relationship.
“This commitment was about making sure that two people –it doesn’t matter their gender, doesn’t matter their race, doesn’t matter what they look like – can legally be together," she said.
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A number of religious groups have spoken out in opposition to Prop 3, saying same-sex marriage goes against their beliefs. Jonathan Keller of the California Family Council said his concern revolved around Prop 3’s guarantee of a “fundamental right to marry.” which he believes is too ambiguous.
“Prop 3 removes any boundaries on marriage,” Keller said. “There is no definition under Prop 3 on the genetic relationship between people who could get married, the age of people who could get married, or the number of people who could get married.”
Franco-Clausen pointed out that in addition to the emotional aspect, marriage was also practical by entitling married couples to share insurance and to make medical or end-of-life decisions.
“We’re actually not asking for anything additional,” she said. “We’re asking for the same rights as everyone else.”
