Utah Constitutional Amendment 3
Encyclopedia
Utah Constitutional Amendment 3 is an amendment to the Utah state constitution that defines marriage
as a union exclusively between a man and woman. It passed in the November 2, 2004 election, as did similar amendments in ten other states.
The amendment reads as follows:
poll conducted early October.
The Church of Jesus Christ of Latter-day Saints (LDS church), though not officially endorsing the amendment, publicized a statement in July endorsing constitutional amendments that define marriage. On October 20, just 13 days before Utahns voted on the amendment, the LDS church officially stated that "Any other sexual relations, including those between persons of the same gender, undermine the divinely created institution of the family. "The Church accordingly favors measures that define marriage as the union of a man and a woman and that do not confer legal status on any other sexual relationship."http://newsroom.lds.org/ldsnewsroom/eng/news-releases-stories/first-presidency-statement-on-same-gender-marriage Supporters of the amendment asserted the second statement showed specific LDS support for Amendment 3. Others, including moderately conservative Latter-day Saint KSL radio talk show host Doug Wright believed that since the new statement applied only to "sexual relations," it highlighted precisely how Amendment 3 went too far.
The Episcopal church publicly opposed the amendment.
Three candidates for Utah attorney general
, including incumbent Republican Mark Shurtleff
, issued a joint statement opposing the amendment on August 6. In many other political races, notably the gubernatorial race, candidates weighed in on this issue.
On November 2, 2004, Amendment 3 was approved by 66% of Utahns and rejected in two counties in a closer than expected race. Governor Huntsman proposed reciprocal benefits for gay couples in reaction. The reciprocal beneficiary measure failed in the Utah Senate during the 2005 legislative session on a ten in favor to eighteen opposed poll.
They also said the amendment would not hurt heterosexual marriage, common law marriages, or the right to will
property to whomever one wishes.
. They also say the second part of the amendment "goes too far". They feel that it would invalidate common law marriage as well as reducing rights to will property to whomever one chooses.
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
as a union exclusively between a man and woman. It passed in the November 2, 2004 election, as did similar amendments in ten other states.
The amendment reads 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.
Background
Both pro and anti amendment groups formed to sway voters. The "Don't Amend Alliance" organized in spring, much earlier than pro-amendment groups. The Alliance raised hundreds of thousands dollars, catching supporters of the amendment by surprise. They responded with the "Yes! For Marriage" group, which only began a coordinated campaign on October 5. Nonetheless, latent support for the amendment appeared high with over 60% support for the Amendment in a Salt Lake TribuneThe Salt Lake Tribune
The Salt Lake Tribune is the largest-circulated daily newspaper in the U.S. city of Salt Lake City. It is distributed by Newspaper Agency Corporation, which also distributes the Deseret News. The Tribune — or "Trib," as it is locally known — is currently owned by the Denver-based MediaNews Group....
poll conducted early October.
The Church of Jesus Christ of Latter-day Saints (LDS church), though not officially endorsing the amendment, publicized a statement in July endorsing constitutional amendments that define marriage. On October 20, just 13 days before Utahns voted on the amendment, the LDS church officially stated that "Any other sexual relations, including those between persons of the same gender, undermine the divinely created institution of the family. "The Church accordingly favors measures that define marriage as the union of a man and a woman and that do not confer legal status on any other sexual relationship."http://newsroom.lds.org/ldsnewsroom/eng/news-releases-stories/first-presidency-statement-on-same-gender-marriage Supporters of the amendment asserted the second statement showed specific LDS support for Amendment 3. Others, including moderately conservative Latter-day Saint KSL radio talk show host Doug Wright believed that since the new statement applied only to "sexual relations," it highlighted precisely how Amendment 3 went too far.
The Episcopal church publicly opposed the amendment.
Three candidates for Utah attorney general
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
, including incumbent Republican Mark Shurtleff
Mark Shurtleff
Mark Shurtleff is the current attorney general of the state of Utah, United States, a position he has held since January 2001...
, issued a joint statement opposing the amendment on August 6. In many other political races, notably the gubernatorial race, candidates weighed in on this issue.
On November 2, 2004, Amendment 3 was approved by 66% of Utahns and rejected in two counties in a closer than expected race. Governor Huntsman proposed reciprocal benefits for gay couples in reaction. The reciprocal beneficiary measure failed in the Utah Senate during the 2005 legislative session on a ten in favor to eighteen opposed poll.
Arguments for Amendment 3
Supporters of Amendment 3 said that the amendment would do three things:- Prevent state courts from making a ruling that current Utah marriage legislation unconstitutional.
- Prevent state courts from forcing recognition of out-of-state marriages.
- Prevent the creation of "counterfeit marriages", such as civil unions.
They also said the amendment would not hurt heterosexual marriage, common law marriages, or the right to will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
property to whomever one wishes.
Arguments against Amendment 3
Those opposed to the amendment say that section one of the amendment is completely unnecessary since Utah already outlaws same-sex marriageSame-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
. They also say the second part of the amendment "goes too far". They feel that it would invalidate common law marriage as well as reducing rights to will property to whomever one chooses.
Outcome
On November 2, 2004 Amendment 3 passed by a margin of 65.8% to 33.2%. Results were 593,297 votes for and 307,488 votes against the amendment. The amendment went into effect on January 1, 2005. Legal challenges are expected. Utah courts in 2006 ruled that the amendment does not ban domestic partnerships and allowed Salt Lake City's domestic partnership registry to stand. In 2009 Utah Governor Jon Hunstman indicated it was his belief the amendment would not ban civil unions.http://kcpw.org/article/664 http://www.ksl.com/?nid=148&sid=5946138 http://www.ksl.com/?nid=148&sid=4506256 http://www.ksl.com/index.php?nid=148&sid=5626381 http://www.ksl.com/index.php?nid=481&sid=6251467| County |  |
 |
Final outcome | ||||
|---|---|---|---|---|---|---|---|
| Wasatch metropolitan area: | |||||||
| Davis | 71% (75,780) | 29% (31,524) | |
||||
| Salt Lake | 54% (190,364) | 46% (159,605) | |
||||
| Summit | 39% (5,696) | 61% (9,079) | |
||||
| Tooele | 64% (10,399) | 36% (5,886) | |
||||
| Utah | 82% (119,948) | 18% (26,290) | |
||||
| Weber | 62% (43,885) | 38% (26,894) | |
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| Rest of state: | |||||||
| Beaver | 76% (1,851) | 24% (572) | |
||||
| Box Elder | 76% (13,707) | 24% (4,246) | |
||||
| Cache | 75% (29,137) | 25% (9,832) | |
||||
| Carbon | 61% (4,929) | 39% (3,101) | |
||||
| Daggett | 72% (340) | 28% (130) | |
||||
| Duchesne | 80% (4,288) | 20% (1,076) | |
||||
| Emery | 77% (3,483) | 23% (1,039) | |
||||
| Garfield | 77% (1,599) | 23% (467) | |
||||
| Grand | 46% (1,840) | 54% (2,163) | |
||||
| Iron | 78% (11,625) | 22% (3,364) | |
||||
| Juab | 74% (2,437) | 26% (870) | |
||||
| Kane | 72% (2,080) | 28% (792) | |
||||
| Millard | 81% (3,844) | 19% (894) | |
||||
| Morgan | 75% (2,866) | 25% (941) | |
||||
| Piute | 79% (584) | 21% (159) | |
||||
| Rich | 76% (772) | 24% (248) | |
||||
| San Juan | 78% (3,243) | 22% (897) | |
||||
| Sanpete | 79% (6,518) | 21% (1,753) | |
||||
| Sevier | 80% (5,957) | 20% (1,498) | |
||||
| Uintah | 77% (7,337) | 23% (2,135) | |
||||
| Wasatch | 67% (4,907) | 33% (2,429) | |
||||
| Washington | 78% (32,946) | 22% (9,217) | |
||||
| Wayne | 71% (935) | 29% (387) | |
||||
See also
- Same-sex marriage in the United StatesSame-sex marriage in the United StatesThe federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
- Same-sex marriage legislation in the United StatesSame-sex marriage legislation in the United StatesIn response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.-Federal level:...
- Same-sex marriage in the United States by state
- Same-sex marriage in the United States public opinionSame-sex marriage in the United States public opinionPublic opinion on same-sex marriage in the United States has been tracked by polling data for well over a decade. As of the year 2010, polls provide differing answers to the question of how the majority of Americans view same-sex marriage, although it is clear that support for same-sex marriage...
- Same-sex marriage status in the United States by stateSame-sex marriage status in the United States by stateSame-sex unions have been on the political radar in the United States since the Hawaii Supreme Court ruled in 1993 that denying licenses to same-sex partners violated the Hawaii constitution unless there is a "compelling state interest." Since Massachusetts became the first state to legalize...
- List of benefits of marriage in the United States
- Defense of Marriage ActDefense of Marriage ActThe Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
- Marriage Protection ActMarriage Protection ActThe Marriage Protection Act is a bill in the United States Congress to amend the federal judicial code to deny federal courts jurisdiction to hear or decide any question pertaining to the interpretation of the Defense of Marriage Act or the MPA...
- U.S. state constitutional amendments banning same-sex unions
- Federal Marriage AmendmentFederal Marriage AmendmentThe Federal Marriage Amendment H.J. Res. 56 was a proposed amendment to the United States Constitution which would have limited marriage in the United States to unions of one man and one woman...
- Domestic partnerships in the United StatesDomestic partnerships in the United StatesIn the United States of America, domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, opposite-sex couples. Although similar to marriage, a domestic partnership does not confer any of the 1,138 rights afforded to...
- Freedom to Marry CoalitionFreedom to MarryFreedom to Marry is a non-profit organization leading the campaign for same-sex marriages to be recognized nationwide in the United States of America...
- History of civil marriage in the U.S.History of civil marriage in the U.S.Many laws in the history of the United States have addressed marriage and the rights of married people. Common themes addressed by these laws include polygamy, interracial marriage, divorce, and same-sex marriage.-1800–1899:...