LRBs0405/1
PJD:jld:rs
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 SENATE JOINT RESOLUTION 53
February 28, 2006 - Offered by Representative Underheim.
SJR53-ASA1,1,3
1To create section 35 of article IV of the constitution;
relating to: providing that only
2the legislature can determine which same sex relationships shall be valid or
3recognized as a marriage in this state (first consideration).
Analysis by the Legislative Reference Bureau
This proposed constitutional amendment, proposed to the 2005 legislature on
first consideration, provides that only the legislature, by law, may determine which
same sex relationships shall be valid or recognized as a marriage in this state or
confer all or substantially all of the rights, benefits, and obligations of marriage on
a same sex relationship of unmarried individuals. Section 1, article I, of the
constitution does not apply to this provision or to the power of the legislature under
this provision. Section 1, article I, of the constitution is the state counterpart to the
federal equal protection and due process amendment.
A proposed constitutional amendment requires adoption by 2 successive
legislatures, and ratification by the people, before it can become effective.
SJR53-ASA1,1,4
4Resolved by the senate, the assembly concurring, That:
SJR53-ASA1, s. 1
5Section
1. Section 35 of article IV of the constitution is created to read:
SJR53-ASA1,2,6
1[Article IV] Section 35. Only the legislature, by law, may determine which same
2sex relationships shall be valid or recognized as a marriage in this state or confer all
3or substantially all of the rights, benefits, and obligations of marriage on a same sex
4relationship of unmarried individuals. Section 1 of article I does not apply to this
5section or to the laws or actions of the legislature pursuant to the legislative power
6confirmed and continued under this section.
SJR53-ASA1, s. 2
7Section
2. Numbering of new provision. The new section 35 of article IV
8of the constitution created in this joint resolution shall be designated by the next
9higher open whole section number in that article if, before the ratification by the
10people of the amendment proposed in this joint resolution, any other ratified
11amendment has created a section 35 of article IV of the constitution of this state. If
12one or more joint resolutions create a section 35 of article IV simultaneously with the
13ratification by the people of the amendment proposed in this joint resolution, the
14sections created shall be numbered and placed in a sequence so that the sections
15created by the joint resolution having the lowest enrolled joint resolution number
16have the numbers designated in that joint resolution and the sections created by the
17other joint resolutions have numbers that are in the same ascending order as are the
18numbers of the enrolled joint resolutions creating the sections.
SJR53-ASA1,2,21
19Be it further resolved, That this proposed amendment be referred to the
20legislature to be chosen at the next general election and that it be published for 3
21months previous to the time of holding such election.
