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3 states remove definition of marriage from state constitutions| National Catholic Register
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3 states remove definition of marriage from state constitutions| National Catholic Register

California and Colorado have voted to repeal amendments that defined marriage as between a man and a woman, while Hawaii is on track to repeal the traditional definition of marriage, though it has yet to be named.

The state constitutions of California, Colorado, and Hawaii definite marriage as a union between a man and a woman, but the results of these 2024 ballot measures will eliminate that traditional definition.

The elimination of long-standing language regarding marriage is in a big way symbolic as the US Supreme Court has already legalized same-sex marriage in all US jurisdictions in its 2015 Obergefell v. Hodges decision. However, in 2020, Nevada became the first state to repeal the constitutional provision defining marriage as between a man and a woman. California, Colorado and Hawaii joined this year, eliminating the definition.

COLORADO

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

The bishops of Colorado did a statement opposing to “Protecting the freedom to marry” or Amendment J earlier this year, saying it was “imperative” that faithful Catholics oppose the amendment, as well as a pro-abortion amendment enshrining abortion as a right in the state constitution.

Amendment J’s main backer, Freedom to Marry Colorado, raised more than $760,000 and spent less than $600,000 of it. State Rep. Scott Bottoms and Colorado bishops have voiced opposition to the measure, but there has been no organized campaign opposing the measure, according to Ballotpedia.

California

Californians overwhelmingly supported removing the traditional definition of marriage from the constitution by a vote of 61 percent to 38 percent. The amendment not only eliminated the definition of marriage, like Colorado’s, but also added the “right to marry” as “fundamental right” in the state constitution.

California’s Catholic bishops have not taken a position on the measure, though groups including Family Council of California expressed opposition, citing concerns that it could remove safeguards 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, no campaigns were reported against the measure. Campaigns supporting the measure have raised more than $3.4 million in funding.

Hawaii

Although Hawaii has yet to announce the results of its marriage amendment, the state is on track to repeal the Legislature’s power to limit marriage to one man and one woman. Although it is the closest of the three states, Amendment 1 is still more than 10 points ahead, according New York Times.

Of the 76% of votes counted in Hawaii, about 56% voted yes to Amendment 1, while about 43% voted no. In Hawaii, blank votes count as no. To be approved, the amendment needs 51%.

Like Colorado and California, they existed no campaign reported against him. Backers had $79,000 in funding.

The American Civil Liberties Union of Hawaii, the Hawaii Commission on Civil Rights and the Hawaii Democratic Party, among others, expressed support for the measure. Hawaii’s Catholic bishops have not taken a position on the measure.

Same-sex marriage in the US

According to a 2023 Pew survey study63% of Americans believe same-sex marriage should be legal, while 34% oppose it. Support for same-sex marriage grew up steadily in the U.S. from 2004 to 2017, and has remained steady since then, according to Pew.

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

At point no. 46 of their 2023 document “Forming Consciences for Faithful Citizenship: A Call for Political Accountability from the Catholic Bishops of the United States“, the American bishops state that “the family – based on the marriage of a man and a woman – is the first and fundamental unit of society and is a sanctuary for the creation and upbringing of children. It should be defended and strengthened, not further redefined, undermined or distorted. Respect for the family should be reflected in every policy and program.”

In addition, the Catholic Church teaches that “homosexual persons are called to chastity” and that homosexual acts are contrary to natural law and remove the sexual act from the gift of life, according to the Catechism of the Catholic Church (no. 2359, 2357). The Catechism also condemns any “unfair discrimination” against persons with homosexual inclinations.