2024 California Proposition 3

Proposition 3

November 5, 2024 (2024-11-05)
Constitutional Right to Marry Amends California Constitution to recognize fundamental right to marry, regardless of sex or race. Removes language in California Constitution stating that marriage is only between a man and a woman.
Results
Choice Votes % Yes 9,477,435 62.62% No 5,658,187 37.38% Total votes 15,135,622 100.00% Registered voters/turnout 22,595,659 66.98%
Yes   80–90%   70–80%   60–70%   50–60% No   60–70%   50–60%
Source: Statement of Vote at the Wayback Machine (archived February 10, 2025)

Proposition 3, titled Constitutional Right to Marry, was a California ballot proposition that passed by vote in the 2024 general election on November 5, 2024. The proposition repealed Proposition 8, passed during the 2008 general election, and amended the state constitution to protect same-sex marriage. It also ensured that same-sex couples would have the right to marry in California in case the United States Supreme Court ever overturns Obergefell v. Hodges, thus making it a symbolic gesture until then.

Text

The proposition amended Article I, Section 7.5 of the Constitution of California to read:

"Only marriage between a man and a woman is valid or recognized in California. (a) The right to marry is a fundamental right. (b) This section is in furtherance of both of the following: (1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1. (2) The rights to due process and equal protection guaranteed by Section 7."

Support

Supporters of the proposition argued that "although marriage equality for same-sex couples has been the law of the land in the United States for years, California’s Constitution still says that same-sex couples are not allowed to marry [and that] recent threats against fundamental rights have made it clear California must be proactive in protecting the freedom to marry regardless of gender or race"

Supporters

Statewide officials

• Gavin Newsom, Governor of California (2019–present)

State legislators

• Toni Atkins, state senator from the 39th district (2016–present) and former president pro tempore (2018–2024)
• Scott Wiener, state senator from the 11th district (2016–present)
• Evan Low, state assemblyman from the 26th district (2014–2024)
• Chris Ward, state assemblyman from the 78th district (2020–present)

Local officials

• Todd Gloria, mayor of San Diego (2020–present)

Political parties

• California Democratic Party
• Libertarian Party of California
• Peace and Freedom Party
• Green Party of California

Newspapers

• Bakersfield Californian
• Long Beach Press-Telegram
• Los Angeles Times
• Pasadena Star-News
• San Gabriel Valley Tribune
• The Mercury News
• The Orange County Register
• The Sacramento Bee
• The San Diego Union-Tribune
• San Francisco Chronicle

Organizations

• ACLU of Northern California
• Equality California
• Human Rights Campaign
• Planned Parenthood Affiliates of California
• TransLatina Coalition

Opposition

Opponents of the proposition argued that it "removes ALL protections on marriage, including limits on children, close relatives, and three or more people marrying each other" as well as "[overriding] all laws on marriage [and a] 'fundamental right' to marry [meaning] it would remove protections against child marriages, incest, and polygamy" and that "changing the definition of marriage, this measure also suggests that children don’t need both a mom and a dad [as Prop 3] goes against years of research showing that kids do best when raised by their mother and father in a stable, married home [and that] children without a mother or father are more likely to have emotional issues, take part in risky behaviors, struggle in school, and face financial problems."

Opponents

Organizations

• The American Council for Evangelicals
• California Capitol Connection
• California Family Council
• Concerned Women for America Legislative Action Committee
• Freedom in Action
• Real Impact

Polling

Poll source	Date(s) administered	Sample size	Margin of error	Support	Oppose	Undecided
Public Policy Institute of California	October 7–15, 2024	1,137 (LV)	± 3.7%	67%	32%	1%
Public Policy Institute of California	August 29 – September 11, 2024	1,071 (LV)	± 3.7%	68%	31%	1%
USC/CSU Long Beach/ Cal Poly Pomona	January 21–29, 2024	1,416 (LV)	± 2.6%	73%	20%	7%

Results

On November 5, 2024, at 8:00 PM PT, polls in California closed. With 62.6% in favor, Proposition 3 was approved.

Proposition 3

Choice	Votes	%
Yes	9,477,435	62.62
No	5,658,187	37.38
Total votes	15,135,622	100.00
Registered voters/turnout	22,595,659	66.98
Source:

Results by county

	YES		NO		Total votes
County	#	%	#	%	#
Alameda	484,349	74.9%	162,389	25.1%	646,738
Alpine	521	72.0%	203	28.0%	724
Amador	9,728	45.4%	11,687	54.6%	21,415
Butte	51,240	56.3%	39,753	43.7%	90,993
Calaveras	11,429	44.9%	14,014	55.1%	25,443
Colusa	2,841	42.9%	3,786	57.1%	6,627
Contra Costa	354,545	69.8%	153,595	30.2%	508,140
Del Norte	4,819	47.0%	5,432	53.0%	10,251
El Dorado	56,464	52.7%	50,746	47.3%	107,210
Fresno	155,136	49.3%	159,795	50.7%	314,931
Glenn	4,149	41.6%	5,835	58.4%	9,984
Humboldt	44,423	71.3%	17,921	28.7%	62,344
Imperial	25,454	48.7%	26,829	51.3%	52,283
Inyo	4,658	54.2%	3,940	45.8%	8,598
Kern	119,523	43.4%	155,599	56.6%	275,122
Kings	18,283	45.0%	22,335	55.0%	275,122
Lake	14,540	57.0%	10,949	43.0%	25,489
Lassen	3,766	34.3%	7,224	65.7%	10,990
Los Angeles	2,277,244	65.7%	1,188,271	34.3%	3,465,515
Madera	22,497	42.7%	30,145	57.3%	52,642
Marin	119,254	86.0%	19,470	14.0%	138,724
Mariposa	4,153	45.6%	4,963	54.4%	9,116
Mendocino	25,895	68.6%	11,856	31.4%	37,751
Merced	40,741	49.8%	40,996	50.2%	81,737
Modoc	1,387	35.6%	2,506	64.4%	3,893
Mono	3,926	67.2%	1,918	32.8%	5,844
Monterey	93,834	66.2%	48,009	33.8%	141,843
Napa	43,574	69.7%	18,975	30.3%	62,549
Nevada	37,848	63.1%	22,179	36.9%	60,027
Orange	767,402	57.5%	566,501	42.5%	1,333,903
Placer	121,006	53.4%	105,599	46.6%	226,605
Plumas	4,870	49.5%	4,968	50.5%	9,838
Riverside	488,115	53.8%	418,428	46.2%	906,543
Sacramento	393,738	62.7%	234,223	37.3%	627,961
San Benito	15,863	59.1%	10,987	40.9%	26,850
San Bernardino	368,109	50.1%	365,924	49.9%	734,033
San Diego	929,477	65.6%	488,011	34.4%	1,417,488
San Francisco	327,877	84.7%	59,058	15.3%	386,935
San Joaquin	130,128	51.8%	120,858	48.2%	250,986
San Luis Obispo	87,056	59.7%	58,764	40.3%	145,820
San Mateo	236,724	75.3%	77,562	24.7%	314,286
Santa Barbara	117,376	66.1%	60,284	33.9%	177,660
Santa Clara	505,248	69.8%	218,403	30.2%	723,651
Santa Cruz	103,970	79.9%	26,174	20.1%	130,144
Shasta	34,720	40.9%	50,161	59.1%	84,881
Sierra	763	45.0%	932	55.0%	1,695
Siskiyou	9,955	48.1%	10,762	51.9%	20,717
Solano	111,727	61.2%	70,800	38.8%	182,527
Sonoma	184,233	76.0%	58,225	24.0%	242,458
Stanislaus	93,352	49.4%	95,431	50.6%	188,783
Sutter	16,028'	42.8%	21,457	57.2%	37,485
Tehama	9,735	38.0%	15,865	62.0%	25,600
Trinity	2,873	52.6%	2,594	47.4%	5,467
Tulare	58,504	43.8%	75,000	56.2%	133,504
Tuolumne	12,935	46.3%	15,010	53.7%	27,945
Ventura	232,949	62.0%	142,671	38.0%	375,620
Yolo	63,657	70.4%	26,736	29.6%	90,393
Yuba	12,824	45.3%	15,479	54.7%	28,303
Totals	9,477,435	62.6%	5,658,187	37.4%	15,135,622

Analysis

23 counties (Butte, El Dorado, Inyo, Lake, Los Angeles, Nevada, Orange, Placer, Sacramento, San Benito, San Bernardino, San Diego, San Joaquin, San Luis Obispo, Solano, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Ventura and Yuba) flipped from Yes on Proposition 8 in 2008 to Yes on Proposition 3 in 2024, while no counties flipped in the opposite direction.

While Alpine, Mono and Yolo were the only interior counties to vote against Proposition 8, 20 interior counties (Alpine, Butte, El Dorado, Inyo, Lake, Mono, Nevada, Placer, Sacramento, San Benito, San Bernardino, San Joaquin, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo and Yuba) voted in favor of Proposition 3. While seven coastal counties (Del Norte, Los Angeles, Orange, San Diego, San Luis Obispo, Solano and Ventura) voted for Proposition 8, Del Norte was the only coastal county to vote against Proposition 3.

See also

• 2008 California Proposition 8
• 2024 Colorado Amendment J
• 2024 Hawaii Amendment 1
• 2024 United States ballot measures
• List of California ballot propositions
• Same-sex marriage in California