Missouri Amendment 2, Definition of Marriage Amendment (August 2004)
| Missouri Amendment 2 | |
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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 |
Missouri Amendment 2 was on the ballot as a legislatively referred constitutional amendment in Missouri on August 3, 2004. It was approved.
A "yes" vote supported amending the Missouri Constitution to define marriage as between a man and a woman. |
A "no" vote opposed amending the Missouri Constitution to define marriage as between a man and a woman. |
Election results
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Missouri Amendment 2 |
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| Result | Votes | Percentage | ||
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1,055,771 | 70.61% | ||
| No | 439,529 | 29.39% | ||
Overview
What did this amendment do?
This measure amended the Missouri Constitution to define marriage as between one man and one woman.[1]
Aftermath
Circuit Court
In November 2014, Circuit Court Judge Rex. M Burlison ruled the ban on same-sex marriage unconstitutional, saying the ban violated the Constitution's guarantees of legal equality and due process. Judge Burlison ordered state officials to begin issuing marriage licenses to same-sex couples. Missouri Attorney General Chris Koster said that the state planned on taking the issue to the state supreme court, but was not planning on seeking a stay of the court's order. Judge Burlison's order is the second order by a state judge on the issue, the first one being by a Kansas City Judge in October 2014, which allowed already-married same-sex couple to have the right to have their marriages recognized.[2]
U.S. District Court
On November 7, 2014, the U.S. District Court for Western Missouri struck down Amendment 2.[3] However, the state appealed the decision.[4]
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.[5]
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.[6]
Text of measure
Ballot title
The ballot title for Amendment 2 was as follows:
| “ | Shall the Missouri Constitution be amended so that to be valid and recognized in this state, a marriage shall exist only between a man and a woman? | ” |
Full Text
The full text of this measure is available here.
Support
The Coalition to Protect Marriage in Missouri led the campaign in support of the amendment.[7]
Opposition
The Constitution Defense League led the campaign opposing the amendment.[7]
Opponents
Organizations
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
Amending the Missouri Constitution
A simple majority vote was required during one legislative session for the Missouri General Assembly to place a constitutional amendment on the ballot.
Senate Joint Resolution 29
The amendment was introduced as Senate Joint Resolution 29. SJR 29 passed the Missouri State Senate on March 1, 2004, and passed the Missouri House of Representatives on May 14, 2004.[8]
See also
External links
- Missouri Secretary of State - Elections Division
- Chillicothe Constitution Tribune, "Proposed Amendments to the Constitution of Missouri," July 22, 2004
Footnotes
- ↑ Missouri State Senate, "SJR 29," accessed March 12, 2024
- ↑ SCOTUS Blog, "Missouri, Kansas: Moves on same-sex marriage," November 6, 2014
- ↑ U.S. District Court for Western Missouri, "Order and Opinion," accessed November 17, 2014
- ↑ Reuters, "Judge rules Missouri ban on gay marriage violates Constitution," November 7, 2014
- ↑ 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
- ↑ 7.0 7.1 The Washington Post, "Gay Marriage Ban in Mo. May Resonate Nationwide," August 5, 2004
- ↑ Missouri State Senate, "SJR 29," accessed March 12, 2024
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State of Missouri Jefferson City (capital) |
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