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

California and Colorado voted to repeal amendments that defined marriage as between a man and a woman, while Hawaii is in the process of repealing its traditional definition of marriage, although it has not yet been announced .

The state constitutions of California, Colorado, and Hawaii marriage defined as the union between a man and a woman, but the results of these measures on the 2024 electoral ballots should make this traditional definition disappear.

The removal of long-standing language on marriage is largely symbolic since the Supreme Court of the United States has already legalized same-sex marriage in all American jurisdictions in its decision in Obergefell v. Hodges of 2015. Nevertheless, in 2020, Nevada became the first state to repeal its constitutional provision defining marriage as between one man and one woman. California, Colorado and Hawaii joined the ranks this year, removing the definition.

Colorado

In a vote of approximately 63 percent to 36 percent, Colorado removed provisions from its constitution that recognized marriage as “only the union of one man and one woman.”

The bishops of Colorado made a statement oppose “Protecting the freedom to marryor Amendment J earlier this year, saying it was “imperative” for faithful Catholics to oppose the amendment as well as a pro-abortion amendment that would enshrine abortion as a right in the constitution of the state.

Amendment J’s main supporter, Freedom to Marry Colorado, has raised more than $760,000 and spent less than $600,000. State Rep. Scott Bottoms and Colorado bishops have expressed opposition to the measure , but there was no organized campaign against the measure, according to Ballot.

California

Californians overwhelmingly supported removing the traditional definition of marriage from the Constitution, by a vote of 61% to 38%. The amendment not only removed 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, although groups including the California Family Council expressed opposition, fearing that this could eliminate safeguards and lead to the legalization of other irregular forms of marriage. California Governor Gavin Newsom, affiliates of Planned Parenthood of California and the American Civil Liberties Union of Northern California have expressed support for the measure.

As in Colorado, no campaigns have been reported against the measure. Campaigns supporting the measure have totaled more than $3.4 million in funding.

Hawaii

Although Hawaii has yet to announce the results of its marriage amendment, the state is poised to repeal the legislature’s power to limit marriage to one man and one woman. Despite being the closest of the three states, Amendment 1 is still more than 10 points ahead, 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 invalid votes. The amendment needs 51% to pass.

As in Colorado and California, there were no campaigns reported against this. Supporters had $79,000 in funding.

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

Same-sex marriage in the United States

According to a 2023 Pew Research study investigation63% of Americans believe same-sex marriage should be legal, while 34% are opposed. Support for same-sex marriage increase in the United States from 2004 to 2017, while remaining stable since then, according to Pew.

Voter measures in California and Colorado mirror this survey, with similar numbers among their voters.

In point no. 46 of their 2023 document “Forming consciences for faithful citizenship: a call for political responsibility from the Catholic bishops of the United States“, the American bishops declare that “the family – founded on marriage between a man and a woman – is the first and fundamental unit of society and a sanctuary for the creation and education of children. It must be defended and strengthened, not redefined, undermined or distorted further. Respect for the family should be reflected in every policy and program.

Additionally, the Catholic Church teaches that “homosexual persons are called to chastity” and that homosexual acts are contrary to 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 “unjust discrimination” against people with homosexual inclinations.