California 2023-2024 Regular Session Status: Enacted Bipartisan · 58 D · 1 R cosponsors

ACA 5 — A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by repealing and adding Section 7.5 of Article I thereof, relating to rights.

Last action — Chaptered by Secretary of State - Res. Chapter 125, Statutes of 2023.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 14, 2023. Enacted.

Signed by Governor Gavin Newsom (Democratic) on July 20, 2023.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 78 sponsors

    1 primary, 77 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (58 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The California Constitution provides that only a marriage between a man and a woman is valid or recognized in California, and federal law permanently enjoins the state from enforcing this constitutional provision. This measure would repeal this unenforceable constitutional provision and would instead provide that the right to marry is a fundamental right, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Res. Chapter 125, Statutes of 2023.

  2. Enrolled and filed with the Secretary of State at 2 p.m.

  3. In Assembly. Ordered to Engrossing and Enrolling.

  4. Ordered to the Assembly.

  5. Read third time. Adopted. (Ayes 31. Noes 0. Page 2025.)

  6. Read second time. Ordered to third reading.

  7. From committee: Be adopted. (Ayes 5. Noes 0.) (July 10).

  8. From committee: Be adopted, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 0.) (July 5). Re-referred to Com. on APPR.

  9. From committee: Be adopted, and re-refer to Com. on E. & C.A. Re-referred. (Ayes 11. Noes 0.) (June 27). Re-referred to Com. on E. & C.A.

  10. Referred to Coms. on JUD., E. & C.A. and APPR.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Ordered to the Senate.

  13. Read third time. Adopted. (Ayes 67. Noes 0. Page 2375.)

  14. Read second time. Ordered to third reading.

  15. From committee: Be adopted. (Ayes 11. Noes 0.) (June 21).

  16. From committee: Be adopted, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 1.) (June 13). Re-referred to Com. on APPR.

  17. Coauthors revised.

  18. Re-referred to Com. on JUD.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  20. Referred to Coms. on JUD. and APPR.

  21. From printer. May be heard in committee March 17.

  22. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 77 co-sponsors · 44 not signed on · 1 voted No

Sponsors (1)

  • Low

Co-sponsors (77)

Not signed on (44)

44 members have not signed on to this bill.

Show all 44 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading ACA5 Low et al. By Wiener

Passed 31 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Democratic 21001
Republican 1006
Total 31009
% of votes cast 78%0%0%23%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Bradford — Yea
Skinner — Yea
Portantino — Not Voting
Dodd — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Not Voting
Ochoa Bogh, Rosilicie Republican Not Voting
Seyarto, Kelly Republican Not Voting

Official roll call →

Be adopted, but first be re-referred to the Committee on [Elections and Constitutional Amendments]

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 2000
Democratic 8000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Min — Yea
Wilk — Yea
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Niello, Roger W. Republican Yea

Official roll call →

ACA 5 Low Assembly Third Reading

Passed 67 Yea · 0 Nay · 13 Other
Party YeaNayPresentNot Voting
Democratic 45002
Unaffiliated 16004
Republican 6007
Total 670013
% of votes cast 84%0%0%16%
How each member voted (80)
Member Party Vote
Holden — Yea
Mathis — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Jones-Sawyer — Not Voting
Eduardo Garcia — Not Voting
Jim Patterson — Not Voting
Luz Rivas — Yea
Vince Fong — Not Voting
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Not Voting
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Hoover, Josh Republican Yea
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Not Voting
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Not Voting
Wallis, Greg Republican Yea

Official roll call →

Be adopted.

Passed 11 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 7003
Unaffiliated 3000
Republican 1002
Total 11005
% of votes cast 69%0%0%31%
How each member voted (16)
Member Party Vote
Holden — Yea
Mathis — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Not Voting
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Not Voting
Papan, Diane Democratic Not Voting
Pellerin, Gail Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Not Voting
Dixon, Diane Republican Yea
Sanchez, Kate Republican Not Voting

Official roll call →

Be adopted and re-referred to the Committee on [Appropriations]

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1100
Democratic 7000
Unaffiliated 1001
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Maienschein — Yea
Essayli — Not Voting
Connolly, Damon Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Nay

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does ACA 5 do?
The California Constitution provides that only a marriage between a man and a woman is valid or recognized in California, and federal law permanently enjoins the state from enforcing this constitutional provision. This measure would repeal this unenforceable constitutional provision and would instead provide that the right to marry is a fundamental right, as specified.
Who sponsors ACA 5?
ACA 5 is sponsored by Low, Cervantes, Sabrina (Democratic), Jackson, Corey A. (Democratic), Lee, Alex (Democratic), Ward, Christopher M. (Democratic), Zbur, Rick Chavez (Democratic), Atkins, Eggman, Laird, John (Democratic), Menjivar, Caroline (Democratic), Padilla, Stephen C. (Democratic), Wiener, Scott D. (Democratic), Addis, Dawn (Democratic), Aguiar-Curry, Cecilia M. (Democratic), Arambula, Joaquin (Democratic), Bauer-Kahan, Rebecca (Democratic), Berman, Marc (Democratic), Boerner, Tasha (Democratic), Bonta, Mia (Democratic), Calderon, Lisa (Democratic), Connolly, Damon (Democratic), Fong, Mike (Democratic), Friedman, Gabriel, Jesse (Democratic), Haney, Matt (Democratic), Hart, Gregg (Democratic), Irwin, Jacqui (Democratic), Jones-Sawyer, Lowenthal, Josh (Democratic), Maienschein, McCarty, McKinnor, Tina (Democratic), Muratsuchi, Al (Democratic), Nguyen, Stephanie (Democratic), Ortega, Liz (Democratic), Pellerin, Gail (Democratic), Petrie-Norris, Cottie (Democratic), Quirk-Silva, Sharon (Democratic), Rivas, Robert (Democratic), Rubio, Blanca E. (Democratic), Santiago, Ting, Wallis, Greg (Republican), Weber Pierson, M.D., Akilah (Democratic), Wicks, Buffy (Democratic), Wilson, Lori D. (Democratic), Wood, Kalra, Ash (Democratic), Pacheco, Blanca (Democratic), Papan, Diane (Democratic), Rendon, Reyes, Eloise Gómez (Democratic), Allen, Benjamin (Democratic), Archuleta, Bob (Democratic), Ashby, Angelique V. (Democratic), Becker, Josh (Democratic), Blakespear, Catherine S. (Democratic), Bradford, Caballero, Anna M. (Democratic), Cortese, Dave (Democratic), Dodd, Durazo, Maria Elena (Democratic), Glazer, Gonzalez, Lena A. (Democratic), Hurtado, Melissa (Democratic), Limón, Monique (Democratic), McGuire, Mike (Democratic), Min, Newman, Portantino, Roth, Skinner, Smallwood-Cuevas, Lola (Democratic), Stern, Henry I. (Democratic), Umberg, Thomas J. (Democratic), and Wahab, Aisha (Democratic).
What is the current status of ACA 5?
This bill has been enacted into law. Introduced February 14, 2023. Enacted.
Where can I track ACA 5?
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