Almost sixteen years ago, while Californians joined the nation in electing its first Black president, they also made same-sex marriage illegal in the state. Proposition 8, which amended California’s Constitution to recognize marriage as solely between a man and a woman, was the mechanism that voters chose to codify misguided attitudes towards the LGBTQ+ community.
This November, Californians can correct the past and they must. Proposition 3, promulgated by California State Senator Scott Wiener (D-San Francisco) and Assemblymember Evan Low (D-Cupertino), would remove outdated language in the state’s constitution on the definition of marriage and effectively overturn Proposition 8.
The fact that Proposition 8’s language remains in the California Constitution underscores a significant tension between the state’s progressive values and its current legal framework. If California is to continue leading the nation on LGBTQ+ rights, rectifying constitutional language is not merely a symbolic move, but an act of fearlessness against a historic wave of anti-LGBTQ+ measures.
Despite evolving societal attitudes towards the LGBTQ+ community—7 in 10 Californians approve of gay marriage—opposition has intensified. Those against gay and trans rights have adapted their strategies, launching a coordinated campaign against the LGBTQ+ community. This includes opposing LGBTQ-inclusive policies in California public schools and pushing for policies that would force teachers to out transgender students to their parents.
This is also against a nationwide backdrop where over 600 anti-trans bills have been introduced in state legislatures across the country, aiming to restrict gender-affirming care, banning transgender students from participating in sports, and restrict access to public facilities, among other things.
In the face of such threats, now is a profound opportunity to build a broad-based coalition to demonstrate to the nation that California can once again lead with love, solidarity, and law. For if there is one crucial lesson to learn from the Proposition 8 Campaign in 2008, it is that voters of color, when effectively mobilized, can indeed make the difference in affirming and securing a constitutional right to same-sex marriage.
Although 49% of white voters supported Proposition 8 and made up two-thirds of its supporters, Latino voters, who had similar voting patterns to white voters, and Black voters, who were a much smaller group, were unjustly scapegoated. Ultimately, Proposition 8 passed with 52 percent of voters in favor and 48 percent in opposition.
Later, it became clear how pivotal voters of color were in determining the final outcome on marriage equality. Anti-equality groups, such as the National Organization for Marriage, which strategically targeted and heavily courted Black and Latino communities, sought to influence the election by swaying crucial votes on the margins. Their efforts highlighted the critical role that diverse voter blocs played in shaping the outcome and underscored the importance of mobilizing and understanding these communities in the fight for equality.
Undoubtedly, the political landscape has shifted significantly since 2008, especially within the Latino community. A recent September poll conducted by the Latino Community Foundation revealed that 60 percent of Latino voters in California support Proposition 3, indicating a significant change in attitudes within a community that has long been viewed as traditional and conservative.
This shift appears to align with a broader generational trend, as recent data demonstrates a significant increase in LGBTQ+ identification among Latinos, especially within younger demographics. This trend is notably higher compared to other racial and ethnic groups, reflecting a broader cultural and societal shift towards greater acceptance and recognition of diverse sexual orientations and gender identities.
This growing identification among young Latinos is not occurring in a vacuum but is rather a testament to the tireless efforts of numerous grassroots, community-based organizations that have been at the forefront of advocating for LGBTQ+ rights and inclusion. Organizations such as Somos Familia in Oakland and the Translatina Coalition in Los Angeles have played a pivotal role in this transformative movement. These organizations have been working for decades to foster acceptance and provide crucial support to LGBTQ+ individuals within the Latino communities across the state.
As it stands, Proposition 3 does not directly alter marriage eligibility regardless of its outcome. However, there is a larger issue at play.
While the United States Supreme Court established same-sex marriage as a nationwide right in 2015, recent years have seen dramatic shifts in judicial perspectives on various fundamental rights. For instance, the court’s recent rollback of abortion access highlights doubt about the long-term constitutionality of same-sex marriage, and thus, the urgency for Proposition 3.
With a tight presidential race and an unpredictable politics, it is crucial to act swiftly to protect the same-sex marriage rights of over 100,000 couples in California.
It is very clear that in the current political climate, nothing is guaranteed.
By: Eduardo García, Policy Director
0 Comments