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Alabama Constitutional Amendment 774, Sanctity of Marriage Amendment (June 2006)
| Alabama Constitutional Amendment 774 | |
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| Election date |
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| Topic Family-related policy and LGBTQ issues |
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| Status |
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| Type Legislatively referred constitutional amendment |
Origin |
Alabama Constitutional Amendment 774 was on the ballot as a legislatively referred constitutional amendment in Alabama on June 6, 2006. It was approved.
A "yes" vote supported defining marriage as a "sacred covenant, solemnized between a man and a woman," providing that no marriage license will be issued to same-sex couples, and that the state will not recognize any common law marriage or union between partners of the same sex. |
A "no" vote opposed defining marriage as a "sacred covenant, solemnized between a man and a woman," providing that no marriage license will be issued to same-sex couples, and that the state will not recognize any common law marriage or union between partners of the same sex. |
Election results
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Alabama Constitutional Amendment 774 |
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| Result | Votes | Percentage | ||
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697,591 | 81.18% | ||
| No | 161,694 | 18.82% | ||
Overview
What was this measure designed to do?
This amendment was designed to define marriage as a "sacred covenant, solemnized between a man and a woman," providing that no marriage license will be issued to same-sex couples, and that the state will not recognize any common law marriage or union between partners of the same sex.
Aftermath
U.S. District Court
On January 23, 2015, Judge Callie Granade of the US District Court for Southern Alabama struck down the state's ban on same-sex marriage, saying the ban violated gay and lesbian citizens equal protection and due process rights. Judge Granade said the state failed to provide "rational, much less compelling," arguments connecting the deterioration of "the biological family structure the state wishes to promote" and same-sex marriage. She went on, "The Attorney General does not explain how allowing or recognizing same-sex marriage between two consenting adults will prevent heterosexual parents or other biological kin from caring for their biological children."[1] The decision was stayed until February 9, 2015.[2]
The state attempted to appeal the decision, but the 11th US Circuit Court of Appeals opted against extending the lower court's stay past February 9.[3]
Chief Justice Roy Moore
On February 8, the day before same-sex marriages were to become legal in the state, Chief Justice Roy Moore of the Alabama Supreme Court ordered the state's probate judges to refuse marriage licenses to same-sex couples.[4] The New York Times described Chief Justice Moore's move as a "dramatic show of defiance toward the federal judiciary." Moore believed that the probate judges don't have to follow Judge Callie Granade's orders, saying, "I think I’ve done what I can do: advise the state court probate judges that they’re not bound by any ruling of the Federal District Court." The conflict between Moore and Grande, the state judiciary and the federal judiciary, created a legal conundrum in Alabama until the United States Supreme Court addressed the issue on February 9.[5]
On February 9, 2015, the US Supreme Court said it would not extend the stay on Judge Granade's ruling.[6]
U.S. Supreme Court
- See also: Obergefell v. Hodges
On June 26, 2015, the United States Supreme Court ruled that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment of the United States Constitution in the case Obergefell v. Hodges. The ruling overturned bans on same-sex marriage.[7]
Justice Anthony Kennedy authored the opinion and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito each authored a dissent.[8]
Text of measure
Ballot title
The ballot title for Constitutional Amendment 774 was as follows:
| “ | Proposing an amendment to the Constitution of Alabama of 1901, to provide that no marriage licenses shall be issued in Alabama to parties of the same sex and that the state shall not recognize a marriage of parties of the same sex that occurred as a result of the law of any other jurisdiction. (Proposed by Act 2005-35) | ” |
Constitutional changes
- See also: Amendment 774
The proposed amendment added Amendment 774 of the Alabama Constitution. The following text was added by the proposed measure's approval:[9]
(a) This amendment shall be known and may be cited as the Sanctity of Marriage Amendment.
(b) Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting this unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.
(c) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract.
(d) No marriage license shall be issued in the State of Alabama to parties of the same sex.
(e) The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued.
(f) The State of Alabama shall not recognize as valid any common law marriage of parties of the same sex.
(g) A union replicating marriage of or between persons of the same sex in the State of Alabama or in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state as a marriage or other union replicating marriage.[10]
Support
Supporters
Organizations
Opposition
Opponents
Organizations
- American Civil Liberties Union
- Equality Alabama
Background
Related measures
Between 1998 and 2012, voters in 30 states approved ballot measures that defined marriage as between one male and one female or otherwise prohibited same-sex marriage. The U.S. Supreme Court invalidated bans on same-sex marriage in the case Obergefell v. Hodges in 2015.
- 1998: Alaska
- 2000: Nebraska
- 2002: Nevada
- 2004: Arkansas
- 2004: Georgia
- 2004: Kentucky
- 2004: Louisiana
- 2004: Michigan
- 2004: Mississippi
- 2004: Missouri
- 2004: Montana
- 2004: North Dakota
- 2004: Ohio
- 2004: Oklahoma
- 2004: Oregon
- 2004: Utah
- 2005: Kansas
- 2005: Texas
- 2006: Alabama
- 2006: Colorado
- 2006: Idaho
- 2006: South Carolina
- 2006: South Dakota
- 2006: Tennessee
- 2006: Virginia
- 2006: Wisconsin
- 2008: Arizona
- 2008: California
- 2008: Florida
- 2012: North Carolina
Path to the ballot
During the 2005 state legislative session, SB 109 was introduced on February 1, 2005. On March 8, 2005, the House voted to pass SB 109. On March 10, 2005, the Senate voted to pass SB 109.[11]
See also
External links
Footnotes
- ↑ USA Today, "Judge strikes down gay-marriage ban in Ala." January 23, 2015
- ↑ United States District Court for the Southern District of Alabama, "Searcy v. Strange Order," January 25, 2015
- ↑ AL.com, "Federal appeals court denies Alabama's bid to extend delay on same-sex marriages," February 3, 2015
- ↑ Montgomery Advertiser, "Roy Moore orders ban on same-sex marriage licenses," February 8, 2015
- ↑ New York Times, "Gay Marriage Set to Begin in Alabama Amid Protest," February 8, 2015
- ↑ Associated Press, "Alabama Begins Issuing Marriage Licenses to Gay Couples," February 9, 2015
- ↑ NPR, "Supreme Court Declares Same-Sex Marriage Legal In All 50 States," June 26, 2015
- ↑ Supreme Court of the United States, "Obergefell v. Hodges," June 26, 2015
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedtext - ↑ Note: This text is quoted verbatim from the original source.
- ↑ The Alabama Legislature, "SB 109," accessed December 8, 2024
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