North Dakota Constitutional Measure 1, Definition of Marriage Amendment (2004)
| North Dakota Constitutional Measure 1 | |
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| Election date |
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| Topic Family-related policy |
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| Status |
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| Type Initiated constitutional amendment |
Origin |
North Dakota Constitutional Measure 1 was on the ballot as an initiated constitutional amendment in North Dakota on November 2, 2004. It was approved.
A "yes" vote supported amending the constitution to define marriage as between a man and a woman, and to recognize no other domestic union as marriage in the state. |
A "no" vote opposed amending the constitution to define marriage as between a man and a woman, and to recognize no other domestic union as marriage in the state. |
Election results
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North Dakota Constitutional Measure 1 |
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| Result | Votes | Percentage | ||
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223,572 | 73.23% | ||
| No | 81,716 | 26.77% | ||
Overview
What did this amendment do?
The measure defined marriage as the legal union between a man and a woman and disallowed other domestic unions to be recognized as a substantially equivalent to marriage.[1][2]
Aftermath
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.[3]
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.[4]
Text of measure
Ballot title
The ballot title for Constitutional Measure 1 was as follows:
| “ | OFFICIAL BALLOT LANGUAGE FOR THE MEASURE APPEARING ON THE ELECTION BALLOT November 2, 2004 This ballot contains one constitutional measure placed on the ballot by initiative petition. This measure is being submitted to the voters of North Dakota for their approval or rejection. A voter may vote upon the measure by placing a cross (X) or other mark opposite the words “YES” or “NO” following his or her choice. CONSTITUTIONAL MEASURE NO. 1 This constitutional measure would add a new section to article XI of the North Dakota Constitution, as follows: Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect. A “YES” vote means you approve the measure as set out above. A “NO” vote means you reject the measure as set out above. | ” |
Constitutional changes
The measure added Section 28 to Article XI of the North Dakota Constitution, reading as follows:Cite error: Invalid <ref> tag; invalid names, e.g. too many
| Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect. |
Support
The North Dakota Family Alliance led the campaign in support of the amendment.[5]
Opposition
Equality North Dakota led the campaign opposing the amendment.[5]
Path to the ballot
The petition language was submitted to the North Dakota Secretary of State for review and approval for circulation on May 26, 2004. The Secretary of State approved the petition for circulation on June 4, 2004.[6]
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
See also
External links
- North Dakota Secretary of State Election Results
- USA Today, "Gay marriage ban passed in North Dakota," November 2, 2004
- North Dakota Legislative Assembly 2003 Session Laws
Footnotes
- ↑ USA Today, "Gay marriage ban passed in North Dakota," November 2, 2004
- ↑ North Dakota Secretary of State, "FULL TEXT OF THE MEASURE APPEARING ON THE NOVEMBER 2, 2004 GENERAL ELECTION BALLOT," accessed March 31, 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
- ↑ 5.0 5.1 USA Today, "Gay marriage ban passed in North Dakota," November 2, 2004
- ↑ North Dakota Secretary of State, "Timeline for Constitutional Initiative Relating to the Definition of Marriage," accessed March 31, 2014
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