Two openly gay lawmakers in California have introduced legislation that would repeal the state's constitutional ban on same-sex marriage.

State Senator Scott Wiener and Assembly Member Evan Low, both Democrats, introduced the legislation last week.

Proposition 8 was approved by voters 15 years ago. The constitutional amendment defines marriage in the state as a heterosexual union.

“It's absolute poison,” Wiener told the AP. “It is so destructive and it's humiliating that this is in our constitution.”

Proposition 8 was declared unconstitutional by a circuit court in 2010 but remained in place until the Supreme Court in 2013 ruled against interveners in the case, saying that they lacked standing to defend the amendment. In 2015, the Supreme Court in Obergefell v. Hodges found that gay and lesbian couples have a constitutional right to marry, ushering in nationwide marriage equality.

Last year, President Joe Biden signed into law the Respect for Marriage Act, which requires states to recognize all lawful marriages. But the legislation does not force states to allow gay couples to marry if Obergefell is overturned.

Governor Gavin Newsom, who married gay couples as mayor of San Francisco when such unions were not legal in California, has endorsed repeal.

“It's time that our laws affirm marriage equality regardless of who you are or who you love,” Newsom, a Democrat, said. “California stands with the LGBTQ+ community and their right to live freely.”

The legislation should face little opposition in the Legislature, where Democrats hold large majorities in both houses. Voters would ultimately decide via a referendum.

In 2020, Nevada became the first state to protect same-sex marriage in its Constitution.