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Utah Amendment 3, Definition of Marriage Amendment (2004)

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Utah Amendment 3

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Election date

November 2, 2004

Topic
Family-related policy and LGBTQ issues
Status

OverturnedOverturned

Type
Legislatively referred constitutional amendment 		Origin

State legislature


Utah Amendment 3 was on the ballot as a legislatively referred constitutional amendment in Utah on November 2, 2004. The ballot measure was approved.

A "yes" vote supported defining marriage as a union between a man and a woman and prohibiting other domestic unions from being recognized as marriage or granted the same legal status.

A "no" vote opposed defining marriage as a union between a man and a woman and prohibiting other domestic unions from being recognized as marriage or granted the same legal status.


Election results

Utah Amendment 3

Result Votes Percentage

Approved Yes

593,297 65.86%
No 307,488 34.14%
Results are officially certified.
Source


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.[1]

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.[2]

Tenth Circuit Court of Appeals

On June 25, 2014, a three-member panel of the 10th Circuit Court of Appeals upheld the decision made by the U.S. District Court for Utah in December 2013, which struck down the state's ban on same-sex marriage.[3][4]

Utah Attorney General appealed the decision to the U.S. Supreme Court.[5][6][7] On October 6, 2014, the Supreme Court of the United States declined to hear the case, thus allowing the ruling of the appeals court to stand and legalizing same-sex marriage in Utah.[8]

Text of measure

Ballot title

The ballot title for Amendment 3 was as follows:

“

Shall the Utah Constitution be amended to provide that: (1) marriage consists only of the legal union between a man and a woman; and (2) no other domestic union may be recognized as a marriage or given the same or substantially equal legal effect?

”


Support

Utahns for a Better Tomorrow, Constitutional Defense of Marriage Alliance, Yes for Marriage and the Traditional Marriage Crusade supported Amendment 3.[9]

Supporters

Organizations

  • The Church of Jesus Christ of Latter-day Saints

Arguments

  • William C Duncan, fellow at the Sutherland Institute: "This amendment is not about lifestyle choices, it is about marriage. With Amendment 3, unmarried couples can’t get the benefits of marriage without marrying, whatever their sex. This has always been the policy of Utah and it should not be changed by a court decision in this or any other state."


Opposition

Don't Amend Alliance and Utah Lawyers for Sound Constitutional Amendments opposed Amendment 3.[9]

Opponents

Officials

Organizations

Arguments

  • Gary and Millie Watts, co-chairs of the Family Fellowship: "Utahns don’t want their constitution to hurt co-workers, friends, and relatives. But that’s exactly what Amendment 3 would do. It goes too far beyond defining marriage and takes away basic rights and protections from real Utahns and their families. Reasonable, fair-minded voters have every reason to reject this flawed and hurtful amendment."


Background

Related measures

See also: History of same-sex marriage ballot 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.


Path to the ballot

On March 3, 2004, the amendment passed the Utah State Senate by 20-7. It passed the House on the same day by 58-14.

See also

2004 Measures

Utah

News and analysis


Footnotes

  1. ↑ NPR, "Supreme Court Declares Same-Sex Marriage Legal In All 50 States," June 26, 2015
  2. ↑ Supreme Court of the United States, "Obergefell v. Hodges," June 26, 2015
  3. ↑ Salt Lake Tribune, "10th Circuit Court upholds same-sex marriage," June 25, 2014
  4. ↑ Los Angeles Times, "Federal appeals court overturns Utah's ban on gay marriage," June 25, 2014
  5. ↑ USA Today, "Utah to appeal gay marriage case to Supreme Court," July 9, 2014
  6. ↑ ABC News, "Appeals Court: States Can't Ban Gay Marriage," June 25, 2014
  7. ↑ The Wichita Eagle, "Decision could invalidate Kansas ban on gay marriage," June 26, 2014
  8. ↑ The Guardian, "US supreme court decision paves way for sweeping expansion of gay rights," October 6, 2014
  9. ↑ 9.0 9.1 Open Secrets, "Utah AMENDMENT 3 : Same-sex Marriage Ban," accessed December 7, 2024
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