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Three states are removing the definition of marriage from their state constitutions


Three states are removing the definition of marriage from their state constitutions

California and Colorado voted to repeal amendments that defined marriage as between a man and a woman, while Hawaii is on track to repeal its traditional definition of marriage, although this has not yet been decided.

The state constitutions of California, Colorado and Hawaii defined marriage as a union between one man and one woman, but the results of those measures in the 2024 elections are expected to overturn that traditional definition.

The removal of long-standing marriage language is largely symbolic, as the U.S. Supreme Court already legalized same-sex marriage in all U.S. jurisdictions in its 2015 Obergefell v. Hodges decision. Still, in 2020, Nevada became the first state to repeal its constitutional provision that defined marriage as between a man and a woman. California, Colorado and Hawaii joined this year and removed the definition.

Colorado

By a vote of about 63% to 36%, Colorado removed language from its constitution that recognized marriage as “a union between one man and one woman only.”

Colorado's bishops issued a statement earlier this year opposing the “Protection of Freedom to Marry,” or Amendment J, saying it was “imperative” for faithful Catholics to oppose the amendment as well as one Abortion amendment that would enshrine abortion rights in the state constitution.

Amendment J's lead proponent, Freedom to Marry Colorado, raised more than $760,000 and spent less than $600,000 of it. Rep. Scott Bottoms and the Colorado bishops expressed opposition to the measure, but there was no organized campaign against the measure, according to Ballotpedia.

California

By a vote of 61% to 38%, the majority of Californians supported removing the traditional definition of marriage from the Constitution. The amendment not only removed the definition of marriage as in Colorado, but also added the “right to marry” as a “fundamental right” to the state's constitution.

California's Catholic bishops did not comment on the measure, although groups such as the California Family Council opposed it, expressing concerns that it could eliminate protections and lead to the legalization of other irregular forms of marriage. California Governor Gavin Newsom, Planned Parenthood Affiliates of California and the American Civil Liberties Union of Northern California expressed support for the measure.

As in Colorado, there was no reported campaigning against the measure. Campaigns supporting the measure totaled more than $3.4 million.

Hawaii

While Hawaii has not yet announced the results of its marriage amendment, the state is on track to repeal the legislature's authority to limit marriage to one man and one woman. Despite being the closest of the three states, Amendment 1 is still ahead by more than 10 points, according to the New York Times.

Of the 76% of votes counted in Hawaii, about 56% voted “yes” for Amendment 1, while about 43% voted “no.” In Hawaii, blank votes are considered no votes. 51% is needed to pass the amendment.

As in Colorado and California, there were no reported campaigns against it. The supporters had $79,000 at their disposal.

The American Civil Liberties Union of Hawaii, the Hawaii Civil Rights Commission and the Democratic Party of Hawaii, among others, spoke in favor of the measure. Hawaii's Catholic bishops had no comment on the measure.

(Story continues below)

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Same-sex marriage in the USA

According to a 2023 Pew Research poll, 63% of Americans believe same-sex marriage should be legal, while 34% oppose it. According to Pew, support for same-sex marriage in the U.S. increased steadily from 2004 to 2017 and has remained consistent since then.

Ballot measures in California and Colorado mirror this survey, with similar numbers of their voters.

In point No. 46 of their 2023 document “Forming Consciences for Faithful Citizenship: A Call to Political Responsibility from the Catholic Bishops of the United States,” the U.S. bishops note that “the family – based on the marriage between one Man and a woman – is the first and fundamental unit of society and a refuge for the birth and upbringing of children. It should be defended and strengthened, not redefined, undermined or further distorted. Respect for the family should be reflected in every policy and program.”

Additionally, the Catholic Church teaches that “homosexual people are called to chastity” and that homosexual acts violate natural law and exclude the sexual act from the gift of life, according to the Catechism of the Catholic Church (Nos. 2359, 2357). The catechism also condemns any “unjustified discrimination” against people with homosexual inclinations.

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