
On Nov. 5, 2024, California voters will decide on a constitutional amendment that would repeal Proposition 8, a 2008 amendment that defined marriage as between a man and a woman. The 2024 ballot measure would also add language to the California Constitution stating that “the right to marry is a fundamental right.”
Currently, 29 states have constitutions that ban same-sex marriage or define marriage as between one man and one woman. Nevada was the first state to repeal a constitutional amendment banning same-sex marriage with the passage of Question 2 in 2020. It is now the only state to explicitly recognize same-sex marriage in its constitution. The U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges upholding same-sex marriage rendered state bans unenforceable.