| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Assembly Constitutional Amendment No. | |
| 1 | + | Enrolled July 14, 2023 Passed IN Senate July 13, 2023 Passed IN Assembly June 26, 2023 Amended IN Assembly June 05, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Constitutional Amendment No. 5Introduced by Assembly Member Low(Principal coauthors: Assembly Members Cervantes, Jackson, Lee, Ward, and Zbur)(Principal coauthors: Senators Atkins, Eggman, Laird, Menjivar, Padilla, and Wiener)(Coauthors: Assembly Members Addis, Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Boerner, Bonta, Calderon, Connolly, Mike Fong, Friedman, Gabriel, Haney, Hart, Irwin, Jones-Sawyer, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pellerin, Petrie-Norris, Quirk-Silva, Luz Rivas, Robert Rivas, Blanca Rubio, Santiago, Ting, Wallis, Weber, Wicks, Wilson, Wood, Kalra, Pacheco, Papan, Rendon, and Reyes)(Coauthors: Senators Allen, Archuleta, Ashby, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Glazer, Gonzalez, Hurtado, Limn, McGuire, Min, Newman, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, and Wahab)February 14, 2023A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by repealing and adding Section 7.5 of Article I thereof, relating to rights.LEGISLATIVE COUNSEL'S DIGESTACA 5, Low. Marriage equality.The California Constitution provides that only a marriage between a man and a woman is valid or recognized in California, and federal law permanently enjoins the state from enforcing this constitutional provision.This measure would repeal this unenforceable constitutional provision and would instead provide that the right to marry is a fundamental right, as specified.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextWHEREAS, Courts have recognized that same-sex couples and interracial couples have the right to marry; andWHEREAS, This measure, if approved by the voters, would repeal language in the California Constitution stating marriage is only between a man and woman; andWHEREAS, This measure, if approved by the voters, would amend the California Constitution to include the fundamental right to marry as furthering the rights to enjoy life, liberty, safety, happiness, and privacy, and the rights to equal protection and due process; now, therefore, be itResolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 202324 Regular Session commencing on the fifth day of December 2022, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:First That Section 7.5 of Article I thereof is repealed.Second That Section 7.5 is added to Article I thereof, to read:SEC. 7.5. (a) The right to marry is a fundamental right.(b) This section is in furtherance of both of the following:(1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1.(2) The rights to due process and equal protection guaranteed by Section 7. | |
| 2 | 2 | ||
| 3 | - | Assembly Constitutional Amendment No. | |
| 3 | + | Enrolled July 14, 2023 Passed IN Senate July 13, 2023 Passed IN Assembly June 26, 2023 Amended IN Assembly June 05, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Constitutional Amendment No. 5Introduced by Assembly Member Low(Principal coauthors: Assembly Members Cervantes, Jackson, Lee, Ward, and Zbur)(Principal coauthors: Senators Atkins, Eggman, Laird, Menjivar, Padilla, and Wiener)(Coauthors: Assembly Members Addis, Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Boerner, Bonta, Calderon, Connolly, Mike Fong, Friedman, Gabriel, Haney, Hart, Irwin, Jones-Sawyer, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pellerin, Petrie-Norris, Quirk-Silva, Luz Rivas, Robert Rivas, Blanca Rubio, Santiago, Ting, Wallis, Weber, Wicks, Wilson, Wood, Kalra, Pacheco, Papan, Rendon, and Reyes)(Coauthors: Senators Allen, Archuleta, Ashby, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Glazer, Gonzalez, Hurtado, Limn, McGuire, Min, Newman, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, and Wahab)February 14, 2023A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by repealing and adding Section 7.5 of Article I thereof, relating to rights.LEGISLATIVE COUNSEL'S DIGESTACA 5, Low. Marriage equality.The California Constitution provides that only a marriage between a man and a woman is valid or recognized in California, and federal law permanently enjoins the state from enforcing this constitutional provision.This measure would repeal this unenforceable constitutional provision and would instead provide that the right to marry is a fundamental right, as specified.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Assembly | |
| 5 | + | Enrolled July 14, 2023 Passed IN Senate July 13, 2023 Passed IN Assembly June 26, 2023 Amended IN Assembly June 05, 2023 | |
| 6 | 6 | ||
| 7 | - | Assembly Constitutional Amendment No. 5 | |
| 7 | + | Enrolled July 14, 2023 | |
| 8 | + | Passed IN Senate July 13, 2023 | |
| 9 | + | Passed IN Assembly June 26, 2023 | |
| 10 | + | Amended IN Assembly June 05, 2023 | |
| 8 | 11 | ||
| 9 | - | CHAPTER 125 | |
| 12 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 13 | + | ||
| 14 | + | Assembly Constitutional Amendment | |
| 15 | + | ||
| 16 | + | No. 5 | |
| 17 | + | ||
| 18 | + | Introduced by Assembly Member Low(Principal coauthors: Assembly Members Cervantes, Jackson, Lee, Ward, and Zbur)(Principal coauthors: Senators Atkins, Eggman, Laird, Menjivar, Padilla, and Wiener)(Coauthors: Assembly Members Addis, Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Boerner, Bonta, Calderon, Connolly, Mike Fong, Friedman, Gabriel, Haney, Hart, Irwin, Jones-Sawyer, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pellerin, Petrie-Norris, Quirk-Silva, Luz Rivas, Robert Rivas, Blanca Rubio, Santiago, Ting, Wallis, Weber, Wicks, Wilson, Wood, Kalra, Pacheco, Papan, Rendon, and Reyes)(Coauthors: Senators Allen, Archuleta, Ashby, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Glazer, Gonzalez, Hurtado, Limn, McGuire, Min, Newman, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, and Wahab)February 14, 2023 | |
| 19 | + | ||
| 20 | + | Introduced by Assembly Member Low(Principal coauthors: Assembly Members Cervantes, Jackson, Lee, Ward, and Zbur)(Principal coauthors: Senators Atkins, Eggman, Laird, Menjivar, Padilla, and Wiener)(Coauthors: Assembly Members Addis, Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Boerner, Bonta, Calderon, Connolly, Mike Fong, Friedman, Gabriel, Haney, Hart, Irwin, Jones-Sawyer, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pellerin, Petrie-Norris, Quirk-Silva, Luz Rivas, Robert Rivas, Blanca Rubio, Santiago, Ting, Wallis, Weber, Wicks, Wilson, Wood, Kalra, Pacheco, Papan, Rendon, and Reyes)(Coauthors: Senators Allen, Archuleta, Ashby, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Glazer, Gonzalez, Hurtado, Limn, McGuire, Min, Newman, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, and Wahab) | |
| 21 | + | February 14, 2023 | |
| 10 | 22 | ||
| 11 | 23 | A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by repealing and adding Section 7.5 of Article I thereof, relating to rights. | |
| 12 | - | ||
| 13 | - | [ Filed with Secretary of State July 20, 2023. ] | |
| 14 | 24 | ||
| 15 | 25 | LEGISLATIVE COUNSEL'S DIGEST | |
| 16 | 26 | ||
| 17 | 27 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 18 | 28 | ||
| 19 | 29 | ACA 5, Low. Marriage equality. | |
| 20 | 30 | ||
| 21 | 31 | The California Constitution provides that only a marriage between a man and a woman is valid or recognized in California, and federal law permanently enjoins the state from enforcing this constitutional provision.This measure would repeal this unenforceable constitutional provision and would instead provide that the right to marry is a fundamental right, as specified. | |
| 22 | 32 | ||
| 23 | 33 | The California Constitution provides that only a marriage between a man and a woman is valid or recognized in California, and federal law permanently enjoins the state from enforcing this constitutional provision. | |
| 24 | 34 | ||
| 25 | 35 | This measure would repeal this unenforceable constitutional provision and would instead provide that the right to marry is a fundamental right, as specified. | |
| 26 | 36 | ||
| 27 | 37 | ## Digest Key | |
| 28 | 38 | ||
| 29 | 39 | ## Bill Text | |
| 30 | 40 | ||
| 31 | 41 | WHEREAS, Courts have recognized that same-sex couples and interracial couples have the right to marry; and | |
| 32 | 42 | ||
| 33 | 43 | WHEREAS, This measure, if approved by the voters, would repeal language in the California Constitution stating marriage is only between a man and woman; and | |
| 34 | 44 | ||
| 35 | 45 | WHEREAS, This measure, if approved by the voters, would amend the California Constitution to include the fundamental right to marry as furthering the rights to enjoy life, liberty, safety, happiness, and privacy, and the rights to equal protection and due process; now, therefore, be it | |
| 36 | 46 | ||
| 37 | 47 | Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 202324 Regular Session commencing on the fifth day of December 2022, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows: | |
| 38 | 48 | ||
| 39 | 49 | First That Section 7.5 of Article I thereof is repealed. | |
| 40 | 50 | ||
| 41 | 51 | First That Section 7.5 of Article I thereof is repealed. | |
| 42 | 52 | ||
| 43 | 53 | ### First | |
| 44 | 54 | ||
| 45 | 55 | ||
| 46 | 56 | ||
| 47 | 57 | Second That Section 7.5 is added to Article I thereof, to read:SEC. 7.5. (a) The right to marry is a fundamental right.(b) This section is in furtherance of both of the following:(1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1.(2) The rights to due process and equal protection guaranteed by Section 7. | |
| 48 | 58 | ||
| 49 | 59 | Second That Section 7.5 is added to Article I thereof, to read: | |
| 50 | 60 | ||
| 51 | 61 | ### Second | |
| 52 | 62 | ||
| 53 | 63 | SEC. 7.5. (a) The right to marry is a fundamental right.(b) This section is in furtherance of both of the following:(1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1.(2) The rights to due process and equal protection guaranteed by Section 7. | |
| 54 | 64 | ||
| 55 | 65 | SEC. 7.5. (a) The right to marry is a fundamental right.(b) This section is in furtherance of both of the following:(1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1.(2) The rights to due process and equal protection guaranteed by Section 7. | |
| 56 | 66 | ||
| 57 | 67 | SEC. 7.5. (a) The right to marry is a fundamental right.(b) This section is in furtherance of both of the following:(1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1.(2) The rights to due process and equal protection guaranteed by Section 7. | |
| 58 | 68 | ||
| 59 | 69 | ||
| 60 | 70 | ||
| 61 | 71 | SEC. 7.5. (a) The right to marry is a fundamental right. | |
| 62 | 72 | ||
| 63 | 73 | (b) This section is in furtherance of both of the following: | |
| 64 | 74 | ||
| 65 | 75 | (1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1. | |
| 66 | 76 | ||
| 67 | 77 | (2) The rights to due process and equal protection guaranteed by Section 7. |