Same-sex marriage is on the ballot in California — again. Today, California voters will decide on Proposition 3, which would create an amendment to the state constitution, guaranteeing a “fundamental right to marry.”

Same-sex marriage is already legal in California, so the amendment won’t change anything, at least in the foreseeable future. Rather, the constitutional change removes a previous provision that barred same-sex marriage and adds new protections in the event the U.S. Supreme Court overturns existing precedent.

“We’ve always known that at some point we need to get this discriminatory provision out of the California constitution,” said Sen. Scott Wiener, a San Francisco Democrat and a co-author of Prop. 3. But he said it wasn’t urgent until the Supreme Court overturned Roe v. Wade, the landmark 1973 case that provided the right to an abortion, that “we saw that marriage equality was at risk.”

October polls show 67% of likely voters support Prop. 3, according to the Public Policy Institute of California, though Wiener said he isn’t taking anything for granted. Supporters have poured over $3 million into the campaign for Prop. 3. Opponents haven’t officially spent any money opposing it, though one special interest group, the Campaign for Children and Families, spent over $35,000 in related ads. The ads claim that Prop. 3 would “functionally legalize child brides,” “incestuous marriages,” “polygamy,” and “bigamy.”

Jessica Levinson, a constitutional law professor at Loyola Marymount University, said the ads are misleading. “A fundamental right to marriage is different from an absolute one,” she said. “Fundamental means very stringently protected. Absolute means no exceptions….”

From Cal Matters