The California Senate passed a proposed constitutional amendment last week to repeal Prop. 8, a 2008 measure that established a ban on same-sex marriage.
The ban became moot in 2013 after the U.S. Supreme Court upheld a lower court's decision, legalizing same-sex marriage in California. The nation's highest court legalized same-sex marriage in all 50 states in 2015.
San Jose Spotlight reports state residents will have a chance to vote to remove the ban in 2024. It can only be removed through a ballot measure because it is a constitutional amendment.
Assemblymember Evan Low, who represents parts of San Jose, introduced the legislation alongside state Sen. Scott Wiener, who represents San Francisco.
Low said it came in response to recent actions by the Supreme Court to allow businesses to refuse to supply services for same-sex weddings and the court's decision to overturn Roe v. Wade last year.
Low said the court could rollback other previous decisions, adding that Justice Clarence Thomas said the court should reconsider its same-sex marriage ruling after it overturned Roe v. Wade.
Drew Lloyd, board president of Bay Area Municipal Elections Committee, an LGBTQ political action committee, said he worries the Supreme Court could revisit the case, putting in jeopardy not only his marriage, but marriages across the country. He said the ballot measure will allow people to rectify the prior ban.