The amendment, the only available avenue left to traditional marriage protection advocates following the state Supreme Court's declaration that civil unions and domestic partnerships--regardless of the level of benefit parity involved--do not satisfy California's requirement for marital equity. Were the amendment to pass, the question would be settled in California (pending U.S. Supreme Court review), overturning that decision.

Californians expressed their intent on the marriage issue in 2000, with Proposition 22, also known as the Knight Initiative, or the California Defense of Marriage Act, which passed the same language into law.

According to polls, the Amendment is supported by more than half of California voters. After the Supreme Court decision, Republican Governor Arnold Schwarzeneggar said he would oppose the Amendment, setting up a potential battle between the Governor of California and both his own people and his national party. The GOP has consistently stood against same-sex marriage on a national level, and the Republican Presidential nominee expressed expressed his opposition to gay marriage following the decision and has always maintained that the question should be left to the people of individual states.