SACRAMENTO, Calif. — Same sex and interracial marriage is already established in California, but lawmakers want to take it a step further by making it clear in the state constitution.
In 2008, California voters passed a proposition defining marriage as between a man and a woman. The courts later struck it down, but the language is still in there. Now, lawmakers are trying to officially take it out.
Assemblymember Evan Low remembers living in California in 2008 as a gay man.
“As a 20-something-year-old during that period of time, I remember the painful experience that it caused, not just me, but so many others. Countless Californians who were left wondering, what did we do wrong?" said Low. "Why would our rights be eliminated? Why would the majority of Californians vote to eliminate a fundamental basic human right?"
While the Supreme Court cleared the way for same sex marriage in 2013 and California’s 2008 proposition was overturned, Low fears even that isn’t a guarantee anymore.
“While we may think in the State of California these rights should be enjoyed, of course, the dark reality is that in fact, it is not," said Low. "And that's why we must be vigilant. That's why we must be vocal and recognizing the importance of creating a true just society.”
Some witnesses spoke against the amendment that would clarify that marriage is a fundamental right, like Pastor Jim Domen who says he used to be gay.
“Our gay marriage took nothing into account except our own selfish desires for physical pleasure," he said in a Tuesday hearing. "When I married my wife, Amanda and we had three children, I learned that marriage is about selflessness. Marriage is about family about my wife and children.”
The constitutional amendment passed out of the Assembly Judiciary Committee Tuesday. All Democrats were in favor of it.
Republicans were split.
One voted for it, another against it and one didn’t want to vote at all.
"You have to recognize, this bill, this measure will get out. I mean, California Democrats have a super majorities in both Houses. And if it gets on the ballot, clearly, it will pass. But I think Republicans will have sort of a different issue. You know, for some, it's personal. For others, it's philosophical. And for others. it's a political realization that in California this is what the people want," said Steve Swatt, political analyst.
Some people are likening the effort to the abortion amendment voters recently passed in November. It drove voters to the polls in a midterm election.
Swatt doesn’t see that as a huge benefit. He said if Donald Trump is running for president, that will be enough to drive voters to the polls in California.
The constitutional amendment has to pass both the senate and the assembly by a two-thirds vote before it heads to the voters.
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