A proposed state constitutional amendment in California has stirred up controversy, with concerns that it could open the door to polyamorous, incestuous, and child marriages. Assembly Constitutional Amendment 5 (ACA 5) seeks to remove the traditional definition of marriage as being between a man and a woman, in favor of stating that “The right to marry is a fundamental right.” While the intention behind this amendment is to protect same-sex marriages, critics like the California Family Council (CFC) warn that the language of ACA 5 is too broad and could have unintended consequences.
CFC President Jonathan Keller expressed his concerns about the potential implications of ACA 5, stating that it could lead to scenarios such as siblings, nephews, and nieces, or even parents and children getting married. The fear is that by removing safeguards around marriage laws, the door could be opened to a wide range of non-traditional marriage structures that may not be in the best interest of children.
The controversy surrounding ACA 5 stems from the aftermath of Proposition 8, which was passed in 2008 but has faced legal challenges and non-enforcement for over a decade. The decision to revisit the language of the law came after the overturning of Roe v. Wade in 2022, leading California Democrats to fear that Prop. 8 could go into effect. This fear culminated in the introduction of ACA 5 as a way to address the issue.
The concerns raised by critics of ACA 5 are further amplified by recent decisions in cities like Oakland and Berkeley to recognize and protect polyamorous relationships, signaling a broader shift towards accepting non-traditional family structures. The legalization of child marriages in California adds another layer of complexity to the debate, with Keller warning that enshrining ACA 5 into law could create a constitutional protection for such marriages.
Despite the intentions behind ACA 5 to protect the rights of LGBTQ individuals, opponents like Keller argue that the potential consequences of the amendment outweigh its benefits. With California being one of the few states where child marriage remains legal, the stakes are high in the ongoing debate over the future of marriage laws in the state.
State Senator Scott Wiener, who introduced ACA 5, has defended the amendment as a necessary step in protecting the freedom to marry for LGBTQ Californians. However, the broader implications of the proposed changes to marriage laws in California have sparked a heated debate that shows no signs of slowing down. As the state grapples with the future of marriage equality, the voices on both sides of the issue continue to make their case for what they believe is best for California and its residents.