Mississippi Marriage Definition, Amendment 1 (2004)
Marriage and Family
|Not on ballot|
The Mississippi Constitution was, in the amendments successful passage, amended to define marriage as only available between one man and one woman.
|“||It has become clear to the court that people marry for a number of reasons: marriage is a profound source of emotional support; marriage is a private and public expression of commitment; some marry in exercise of their religious beliefs; some do so because it opens the door to economic and government benefits; there are those who marry to present a certain status or image; and others do it for the noble purpose of legitimizing their children. In reviewing the arguments of the parties and conducting its own research, the court determined that an objective person must answer affirmatively to the following questions:
Answering “Yes” to each of these questions leads the court to the inescapable conclusion that same-sex couples should be allowed to share in the benefits, and burdens, for better or for worse, of marriage.
—Judge Carlton W. Reeves
State officials appealed the ruling to the US Fifth Circuit Court of Appeals.
On December 4, 2014, the US Fifth Circuit Court of Appeals stayed the lower court's decision and decided to take up the case.
|Mississippi Amendment 1 (2004)|
|Overturned Case:Campaign for Southern Equality v. Bryant|
Official results via: The Mississippi Official & Statistical Register 2004-2008(p.670-671)
Text of measure
The wording on the ballot said:
- Amendment No.1 / HCR No.56
- A concurrent resolution proposing to amend the Mississippi Constitution of 1890 by creating a new section 263-A to provide that marriage may take place and may be valid under the laws of this state only between a man and a woman; to provide that a marriage in another state or foreign jurisdiction between persons of the same gender, regardless of when the marriage took place, may not be recognized in this state and is void and unenforceable under the laws of this state; and for related purposes.
Financing the campaign
A total of $7,215 was spent on the campaign, all from the "yes" side:
- Focus on the Family Mississippi Marriage Amendment Committee, $5,266.
- Traditional Marriage Crusade, $1,949.
Voters in 30 states have approved legislatively-referred constitutional amendments or initiated constitutional amendments prohibiting same-sex marriages at the ballot box. The first constitutional prohibition was in 1998, and the latest one occurred in May 2012. Most of these amendments define marriage along the lines of a "union of one male and one female."
The following constitutional bans were approved by voters, but later overturned by courts:
- Alaska Marriage Amendment, Measure 2 (1998)
- Nevada Marriage Amendment, Question 2 (2002)
- Montana Marriage Verification, Measure CI-96 (2004)
- Oklahoma Marriage Question 711 (2004)
- Oregon Marriage Measure 36 (2004)
- Utah Same-Sex Marriage Ban, Amendment 3 (2004)
- Kansas Marriage Amendment (2005)
- Alabama Sanctity of Marriage, Constitutional Amendment 774 (June 2006)
- Colorado Definition of Marriage, Initiative 43 (2006)
- Idaho Marriage Definition, HJR 2 (2006)
- South Carolina Amendment 1, the Marriage Act (2006)
- Virginia Question 1, Marriage Amendment (2006)
- Wisconsin Marriage Amendment, Question 1 (2006)
- Arizona Marriage Protection, Proposition 102 (2008)
- California Proposition 8, the "Eliminates Right of Same-Sex Couples to Marry" Initiative (2008)
- Florida Definition of Marriage, Amendment 2 (2008)
- North Carolina Same-Sex Marriage, Amendment 1 (May 2012)
Cases overturning the following bans have been appealed to higher courts and are currently stayed:
- Nebraska Marriage Definition Amendment, Initiative 416 (2000)
- Missouri Marriage Definition, Amendment 2 (August 2004)
- Note: Same-sex marriage is legal in St. Louis County and the state recognizes same-sex marriages.
- Mississippi Marriage Definition, Amendment 1 (2004)
- Arkansas Same-Sex Marriage Ban, Proposed Constitutional Amendment 3 (2004)
- South Dakota Marriage Amendment (2006)
- Texas Definition of Marriage Act, Proposition 2 (2005)
The following constitutional bans were approved by voters and have been upheld or not overturned by courts:
- Louisiana Marriage Amendment, Question 1 (September 2004)
- Georgia Marriage Amendment, Question 1 (2004)
- Kentucky Marriage Amendment (2004)
- Michigan Marriage Amendment, Proposal 2 (2004)
- North Dakota Definition of Marriage, Constitutional Measure 1 (2004)
- Ohio Issue 1, the Marriage Amendment (2004)
- Tennessee Same-Sex Marriage Ban, Amendment 1 (2006)
The following constitutional bans were defeated by voters:
- Note: Arizonans defeated a measure in 2006, but approved one in 2008, which has been overturned.
- The Mississippi Official & Statistical Register 2004-2008
- Proclamation of the Secretary of the State
- USA Today, "Judge overturns Mississippi same-sex marriage ban," November 25, 2014
- Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
- United States District Court for the Southern District of Mississippi, "Campaign for Southern Equality v. Bryant," November 25, 2014
- Jackson Clarion-Ledger, "No gay marriage in Mississippi during appeal," December 4, 2014
- The Mississippi Official & Statistical Register 2004-2008(p.670)
- Follow the Money database for the Mississippi Marriage Amendment
State of Mississippi
|State executive officers||
Governor | Lieutenant Governor | Attorney General | Secretary of State | Treasurer | State Auditor | Superintendent of Education | Commissioner of Insurance | Commissioner of Agriculture and Commerce | Executive Director of Environmental Quality | Executive Director of Employment Security | Chairman of Public Service Commission |