California voters will decide on a constitutional amendment that would repeal Proposition 8, and add language in the California Constitution stating that “the right to marry is a fundamental right,” on Nov. 5, 2024. Proposition 8 was a constitutional amendment approved by California voters by 52-47% in 2008 that defined marriage as between a man and a woman.
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. Same-sex marriage bans by state constitutional amendment or state statute are currently unenforceable due to the U.S. Supreme Court’s 2015 Obergefell v. Hodges ruling, which held that same-sex marriage is protected under the U.S. Constitution.
