IMPACT’s Recommendation: SUPPORT

ACA 5 (Low) Marriage equality. (Res. Ch. 125, 2023)

This is an Assembly Constitutional Amendment. It will repeal the California Constitutional Amendment passed by Proposition 8 in 2008 that declared marriage to be between only one man and one woman. Since then, the Supreme Court (SCOTUS) ruled in Obergefell v. Hodges (2015ruled that same sex marriage between consenting adults is fully legal. It makes sense to remove a Constitutional Amendment that is in contradiction to federal law today and replace it with one that is consistent with federal law. 

California Council of Churches became a party to this 2015 outcome in a supportive amicus filed by a group CCC helped create, Faith for Equality. The Council and IMPACT stand united in their witness and advocacy for marriage equality today. 

It is clear that a revision in that status of Obergefell by today’s US Supreme Court could, under Article 6, Sec. 2 of the Constitution, invalidate the California Constitution, but in light of the threat, particularly if it is left to the states, it is important for California and for IMPACT to provide faithful and political state Constitutional support for the current law of the land and the equal justice it upholds.

CA Secretary of State site: Arguments for and against Prop 3: https://voterguide.sos.ca.gov/propositions/3/index.htm

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