Rep. Evan Law (D-Campbell) has called Proposition 8's definition “discriminatory and unconstitutional” and has authored a bill that would ask voters to remove and replace it.

The bill comes at a time when Democrats are distrustful of the U.S. Supreme Court's conservative majority. Prop. 3 supporters point to conservative Supreme Court Justice Clarence Thomas' concurring opinion in the 2022 case that overturned Roe v. Wade, the abortion right decision. Justice Thomas wrote at the time that the nation's highest court should reconsider decisions based on similar legal grounds to the landmark abortion case, including decisions protecting same-sex marriage and access to contraception.

“Courts are subject to change,” the bill's legislative analysis said, noting that the current Supreme Court no longer includes two of the justices who upheld the landmark 2015 decision protecting equal marriage rights.

“While it is true that marriage equality is currently the law in the United States, this is not necessarily the case in the future,” the analysis states.