Kansas Marriage Amendment (2005)

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The Kansas Marriage Amendment was on an April 5, 2005 ballot in Kansas as a legislatively-referred constitutional amendment, where it was approved with 70% in favor.[1]

The enactment of this amendment meant that the Kansas Constitution was changed through the addition of language that defines marriage as "a civil contract between one man and one woman only" and also by declaring that "any other marriage is contrary to public policy and void." The amendment also prohibits the state from recognizing any other legal relationship that would "entitle the parties in the relationship to the rights or incidents of marriage."

The Kansas Marriage Amendment was one of two marriage-related ballot measures on the 2005 ballot, the other being Texas Proposition 2 (2005), which also was approved.

Aftermath

Federal appeals court ruling

On June 25, 2014, a three member panel of the 10th Circuit Court of Appeals struck down bans on gay marriage in the states of Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming. This was the first ruling made by a federal appeals court on this issue, which sets a historic precedent that voter-approved bans on same-sex marriage violate the Fourteenth Amendment rights of same-sex couples to equal protection and due process.[2]

The court states:[3]

We hold that the Fourteenth Amendment protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state’s marital laws. A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union. For the reasons stated in this opinion, we affirm. [4]

A recording of the decision can be heard here

Stay of decision

Implementation of the decision was immediately stayed pending anticipated appeals to either the full appeals panel or the United States Supreme Court.[5]

Election results

Kansas Marriage Amendment
ResultVotesPercentage
Approveda Yes 417,675 70%
No179,43230%

Text of measure

The wording on the ballot said:

"There is currently no constitutional provision regarding marriage. There is a statute, enacted by the legislature, that defines marriage as a civil contract between two persons who are of opposite sex and declares all other marriages to be contrary to public policy and void.
A vote for this proposition would amend the Kansas constitution to incorporate into it the definition of marriage as a civil contract between one man and one woman only and the declaration that any other marriage is contrary to public policy and void. The proposed constitutional amendment also would prohibit the state from recognizing any other legal relationship that would entitle the parties in the relationship to the rights or incidents of marriage.
A vote against this proposition would not amend the constitution, in which case the current statute that defines marriage would remain unchanged but could be amended by future acts of the legislature or modified by judicial interpretation."

Similar measures

The following are measures that banned or attempted to ban same-sex marriages. Note that a number of them have been overturned.

See also

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External links

References