H.J.R. 25

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Mar 3, 2004 at 8:42 PM by rday. --> 1

JOINT RESOLUTION ON MARRIAGE
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: LaVar Christensen
5
6 LONG TITLE
7 General Description:
8 This joint resolution of the Legislature proposes to amend the Utah Constitution to add
9 a provision relating to marriage.
10 Highlighted Provisions:
11 This resolution proposes to amend the Utah Constitution to:
12 . define marriage as only the union of a man and a woman; and
13 . provide that no other domestic S [ status or ] s union S [ is valid or recognized or ] s may
13a be
14 S [ authorized, sanctioned, or ] s given equivalent legal effect.
15 Special Clauses:
16 This resolution directs the lieutenant governor to submit this proposal to voters.
17 This resolution provides an effective date.
18 Utah Constitution Sections Affected:
19 ENACTS:
20 ARTICLE I, SECTION 29
21
22 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
23 of the two houses voting in favor thereof:
24 Section 1. It is proposed to enact Utah Constitution Article I, Section 29, to read:
25 Article I, Section 29. [Marriage.]
26 (1) Marriage consists only of the legal union between a man and a woman.
27 (2) No other domestic S [ status or ] s union, however denominated, S [ between persons is
27a valid ] s

28 S [ or ] MAY BE s recognized S AS A MARRIAGE s or S [ may be authorized, sanctioned, or ] s given
28a the same or substantially equivalent
29 legal effect S [ as a marriage ] s .
30 Section 2. Submittal to voters.
31 The lieutenant governor is directed to submit this proposed amendment to the voters of
32 the state at the next regular general election in the manner provided by law.
33 Section 3. Effective date.
34 If the amendment proposed by this joint resolution is approved by a majority of those
35 voting on it at the next regular general election, the amendment shall take effect on January 1,
36 2005.




Legislative Review Note
as of 2-4-04 10:12 AM


In Zablocki v. Redhail, 434 U.S. 374 (1978), the United States Supreme Court
concluded that the right to marry "is of fundamental importance," requiring "critical
examination" of the state's interest in creating a classification that interferes with that right.
The Court has not specifically decided whether a state's interest is sufficiently compelling to
justify restricting the right to marry to a man and a woman. Other cases could be argued by
analogy to suggest that restricting the right to marry to a man and a woman violates federal due
process or equal protection provisions.
If the amendment to the Utah Constitution proposed by this joint resolution is approved
by voters and becomes part of the Utah Constitution, it may be susceptible to challenge under
federal due process or equal protection grounds. Relevant case law is inconclusive, and how a
court would ultimately decide the constitutionality of the provision under the United States
Constitution in the context of a specific lawsuit is difficult to predict.

Office of Legislative Research and General Counsel