Title
Adoption of Resolution Supporting Proposition 3, the Right to Marry, and Repeal Proposition 8 Amendment on the November 5, 2024 Ballot. (City Manager)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
Proposition 3, a State Constitutional Amendment, would remove outdated language in the California Constitution that says marriage may only be between a man and a woman, and is on the November 5 Ballot for voters across the state to consider. The City of Alameda’s (City) adopted 2023-2024 Legislative Agenda supports legislation that promotes social equity and enhances the quality of life and health of Alameda residents. City support for Proposition 3 is consistent with the principles adopted in the Legislative Agenda.
Staff is asking City Council for direction on whether to adopt a resolution of support for Proposition 3 on behalf of the City. City Councilmembers may also support the measure individually in their role as elected officials.
BACKGROUND
The City adopts a two-year Legislative Agenda that serves as a guide for advocacy efforts. By adopting a Legislative Agenda, City staff and the Mayor and City Council are able to react quickly to most legislative issues as they arise. On May 2, 2023, the City Council approved the 2023-2024 Legislative Agenda (Exhibit 1). The City of Alameda’s adopted 2023-2024 Legislative Agenda supports legislation that promotes social equity and enhances the quality of life and health of Alameda residents.
In 2008, the passage of Proposition 8 added a section to the state Constitution defining marriage as between one man and one woman. While this narrowly passed with 52% of the statewide vote, 62% of Alameda County voters opposed the measure.
In 2013, the US Supreme Court ruled that Proposition 8 was unconstitutional, and same-sex marriages resumed in California. In 2015, the US Supreme Court ruled that the 14th Amendment requires all states to license same-sex marriages and to recognize same-sex marriages performed in other states.
DISCUSSION
Same-sex marriage has been the law of the land in California for more than a decade, but outdated language in the California Constitution still says that marriage may only be between a man and a woman. Proposition 3 amends the California Constitution to recognize the fundamental right to marry, regardless of sex or race. Exhibit 2 provides a detailed description of Proposition 3. It specifically removes language in the California Constitution stating that marriage is only between a man and a woman.
A yes vote means: Language in the California Constitution would be updated to match who may legally and currently marry. There would be no change in who may marry. A no vote means: Language in the California Constitution would not be changed. There would, however, be no change in who may marry.
Supporters of the measure include Equality California, American Civil Liberties Union of Northern California, Planned Parenthood Affiliates of California, the California Democratic Party, and Governor Gavin Newsom. Opponents include the California Family Council and the American Council of Evangelicals.
ALTERNATIVES
• Adopt a Resolution Supporting Proposition 3
• Do not take a position on Proportion 3 on behalf of the City, but consider joining other elected officials in lending individual support
FINANCIAL IMPACT
There is no financial impact to the City that would result from the adoption of this resolution.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore no further CEQA analysis is required.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Adopt a resolution supporting Proposition 3, the right to marry and repeal Proposition 8 amendment on the November 5, 2024 Ballot.
Respectfully submitted,
Sarah Henry, Communications and Legislative Affairs Director
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. 2023-2024 Alameda Legislative Agenda
2. Proposition 3 Official Title and Summary Prepared by the Attorney General
3. Legislative Analyst’s Office Analysis of Proposition 3