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Protecting the Definition of Marriage: The Dangers of ACA 5

California Family Council (CFC) strongly opposes Assembly Constitutional Amendment 5 (ACA 5), a bill aimed at repealing Proposition 8 and fundamentally altering the definition of marriage in California. Introduced by Sen. Scott Wiener and Assemblymember Evan Low, ACA 5 seeks to erase the language that defines marriage as a union between one man and one woman, a principle that has long been the foundation of our society.

The Threat to Traditional Marriage

Proposition 8, passed by California voters in 2008, added to the state constitution the clear and unequivocal statement: “Only marriage between a man and a woman is valid or recognized in California.” This measure was a direct response to a California Supreme Court decision that had wrongly asserted a constitutional “right” to same-sex marriage. While Proposition 8 was ultimately overruled by the U.S. Supreme Court in the 2015 Obergefell v. Hodges decision, the language of Proposition 8 remains in the state constitution.

The Alarming Implications of ACA 5

Earlier this year, the left’s push to dismantle the traditional family structure took a significant step forward with the introduction of ACA 5. The bill, currently serving as a placeholder while it moves through the legislature, aims to repeal Proposition 8 and could potentially enshrine same-sex marriage and other non-traditional relationships into state law. The vague language of ACA 5, which merely states the legislature’s intent to “amend the Constitution of the State relating to marriage equality,” opens the door to a range of unintended consequences.

Recent Developments and Growing Concerns

Recent actions by the cities of Berkeley and Oakland to recognize polyamorous relationships highlight the potential fallout of ACA 5. If ACA 5 is approved, it is likely that similar policies will spread across the state, fundamentally altering the social fabric and posing significant risks to the well-being of families and children. As reported by NPR on May 31, 2024, the recognition of polyamorous relationships in these cities sets a dangerous precedent that could lead to the normalization of polygamy, child marriage, and incestuous relationships.

“We are deeply concerned about the implications of ACA 5 for families and children in California,” stated Jonathan Keller, President of California Family Council. “The absence of any clear definition of marriage is alarming and paves the way for the legalization of polygamy, child marriage, and incestuous relationships. Stable, traditional marriages are vital for the well-being of children and society.”

Protecting the Best Interests of Children

By abolishing the historic definition of marriage and replacing it with an open-ended constitutional “right to marry,” ACA 5 opens the floodgates to disaster. Without clear boundaries limiting age, genetic relationship, or the number of partners in a marriage, this proposition threatens the stability of family life and the well-being of children.

“We firmly believe that California’s public policy should best support the health and stability of families, particularly the well-being of children,” Keller said. “Studies consistently show that the traditional family structure is the most effective model for raising healthy and well-adjusted children.”

A Call to Action

Tragically, this latest initiative centers family life around the desires of adults rather than the rights of children. The California Family Council urges citizens and policymakers to stand against the normalization of polygamy, child marriage, and incestuous relationships by upholding the historical definition of marriage. It is crucial to prioritize the best interests of children and the future of society.

California Family Council remains committed to advancing God’s design for life, family, and liberty through California’s church, capitol, and culture. We call on all Californians to join us in this critical fight to protect the sanctity of marriage and the foundation of our society.


The battle over ACA 5 is not just a legal or political issue; it is a moral and societal one. Upholding the true definition of marriage as a union between one man and one woman is essential for the health and stability of our communities and the future of our children. Join us in defending Proposition 8 and ensuring that marriage remains a pillar of our society.

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