Group warns of possibilities for polyamory and child marriages with proposed California amendment.
California is currently facing a controversial debate surrounding Assembly Constitutional Amendment 5 (ACA 5), a proposed state constitutional amendment that seeks to eliminate the traditional definition of marriage from state law. This move has sparked concerns from a pro-family organization in the state, warning that such a change could potentially open up a Pandora’s box of legalizing polyamorous, incestuous, and child marriages.
The current language of Proposition 8, which ACA 5 aims to repeal, defines marriage as solely between “a man and a woman.” Democratic state Sen. Scott Wiener and Assemblymember Evan Low proposed ACA 5 to protect same-sex marriages by replacing this language with a statement declaring marriage as a “fundamental right” in the state constitution.
However, the California Family Council (CFC), a conservative advocacy group, believes that the wording of ACA 5 is too broad and could pave the way for the normalization of non-traditional marriage structures, potentially harming children’s development. CFC members have expressed concerns over the vague wording of the proposed amendment, fearing that it may lead to scenarios like siblings, nephews, nieces, uncles, aunts, mothers, fathers, and even children engaging in marriages.
Following the passage of Proposition 8 in 2008, legal challenges and a lack of defense from state officials have rendered the measure unenforceable for over a decade. With the recent overturning of Roe v. Wade and concerns that Proposition 8 may be reactivated, California Democrats decided to revisit the law’s language, leading to the introduction of ACA 5.
An additional cause for concern emerged when the Oakland City Council approved polyamorous relationships in April, followed by a similar decision by the Berkeley City Council in May, signaling a trend towards recognizing non-traditional relationships in the Bay Area. This shift has contributed to fears that ACA 5 could lead to unintended consequences if enacted, especially as California still legally permits child marriages.
In a statement regarding ACA 5, Sen. Scott Wiener emphasized the importance of repealing Proposition 8 as a means of protecting the freedom to marry for LGBTQ individuals in California. He criticized the presence of what he called a “scar on our Constitution,” stressing the need to rectify the situation, particularly in light of the current political climate and the threat of marriage equality being overturned.
With approximately 8,789 children in California aged 15 to 17 entering into marriage in 2021, concerns over the potential ramifications of ACA 5 have taken on a sense of urgency. The debate over the proposed state constitutional amendment continues to divide opinions within the state, with advocates on both sides voicing their concerns and hopes for the future of marriage laws in California.
As California grapples with the complexities of modern relationships and legal frameworks, the outcome of ACA 5 remains uncertain. The potential impact of this proposed amendment on the institution of marriage and the broader societal implications it presents are issues that will undoubtedly shape the future of California’s legal landscape.
