At least one US Supreme Court justice is on the record as wanting to overturn the landmark same-sex marriage decision, so California voters will consider Prop 3 in November, which would enshrine gay marriage into the state constitution.

Just this past February, we celebrated the 20th anniversary of the first same-sex marriages performed at SF City Hall by then-SF Mayor Gavin Newsom. It sure escalated the culture wars during that much-less progressive era when George W. Bush was still president, and California voters smacked Newsom down in 2008 with Prop 8, effectively a same-sex marriage ban. Prop 8 added a line to the State of California Constitution saying, “Only marriage between a man and a woman is valid or recognized in California.”

But the US Supreme Court struck down Prop 8 in 2013 (and right before Pride Weekend, no less!), and same-sex marriages resumed in California. Just two years later — and again, right before Pride Weekend — the US Supreme Court ruled same-sex marriage should be legal nationwide, in the famed Obergefell v. Hodges decision that seemed to enshrine gay marriage as the law of the land and a permanent right.

Not so fast. That outdated “only marriage between a man and a woman” line is still technically in the state constitution. And when the Supreme Court overturned Roe v. Wade in 2022, Justice Clarence Thomas came right out and said in his concurring opinion that the court should overturn same-sex marriage too.

So state Senator Scott Wiener and Assemblymember Evan Low (who’s now running for Congress) got Prop 3 on this November's ballot, which would enshrine same-sex marriage as a guaranteed right in the state constitution.  

According to its official wording, Prop 3 “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.”

The Chronicle writes in its endorsement of the measure that “Prop 3 is critical to reaffirming and protecting Californians’ right to marry who they love — and, as proponents note, to ensure all married couples have access to the legal benefits of marriage, whether they relate to parenting, taxes, insurance or hospital visitation rights.”

For their part, opponents at the California Family Council will say in your Voter Guide that “Proposition 3 removes all rules for marriage, opening the door to child marriages, incest, and polygamy,” and that, “By making moms and dads optional, it puts children at risk.”

That sounds like the No On Prop 3 crowd may not have a lot of sense, and they certainly don’t have any dollars. CalMatters just ran a Prop 3 explainer which notes that there are no campaign contributions whatsoever to the anti-same-sex marriage drive, while Prop 3 supporters have raised $4 million to help the measure pass.

We do not have specific polling on Prop 3, but a poll last year found that 75% of Californians support same-sex marriage. So Prop 3 may win by a landslide, but as the last eight years have taught us, we can’t take certain rights for granted.

Related: SF's Anti-Gay Archbishop Not Likely to Be Giving Blessings to Same-Sex Couples Anytime Soon [SFist]

Image: LGBT marriage, equality and laws concept. Wedding rings, wooden gavel and LGBT flags. (Getty Images)