California, Colorado, and Hawaii have just taken decisive steps to safeguard marriage equality. On Nov. 5, they approved ballot measures updating their state constitutions to protect same-sex marriage rights.
Despite nationwide legalization since the 2015 Supreme Court decision in Obergefell v. Hodges, recent shifts in the Court’s stance on landmark issues raised concerns about the stability of marriage equality. The Supreme Court’s conservative majority overturned Roe v. Wade in 2022, prompting activists to push for additional protections for LGBTQ+ rights at the state level.
California’s Proposition 3 garnered voter approval to remove the inactive 2008 constitutional ban on same-sex marriage, instead codifying the right to marry regardless of sex or race. In Colorado, voters backed Amendment J to repeal the state’s 2006 ban on same-sex marriages, which, though nullified by federal law, was never formally removed from the state constitution. Hawaii also strengthened its protections by amending its constitution to remove language that previously allowed state lawmakers the option to restrict marriage to opposite-sex couples.
These moves come as President-elect Donald Trump and Vice President-elect J.D. Vance, who have previously expressed hostility toward LGBTQ+ issues, prepare to take office in January 2025. For marriage equality advocates, these newly amended state constitutions represent a fortified commitment to protecting LGBTQ+ rights amid potential challenges ahead.
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