Kansas Proposed Amendment 1,
which was put before voters on April 5, 2005,
is an amendment to the
Kansas Constitution The Wyandotte Constitution is the constitution of the U.S. state of Kansas.
Background
The Kansas Territory was created in 1854. The largest issue by far in territorial Kansas was whether slavery was to be permitted or prohibited; aside from the m ...
that
makes it unconstitutional for the state to recognize or perform
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
s or
civil union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s. The referendum was approved by 70% of the voters.
[Election Statistics](_blank)
Kansas Secretary of State. Retrieved on December 22, 2006.
The amendment states:
[Kansas Constitution, Article Fifteen](_blank)
section 16. Retrieved on October 9, 2014.
''(a) The marriage contract is to be considered in law as a civil contract. Marriage shall be constituted by one man and one woman only. All other marriages are declared to be contrary to the public policy of this state and are void.''
''(b) No relationship, other than a marriage, shall be recognized by the state as entitling the parties to the rights or incidents of marriage.''
The
Kansas Equality Coalition grew out of the organized but ultimately unsuccessful political opposition to the amendment. The KEC is a statewide group of people determined to end discrimination based on sexual orientation and gender identity and expression.
Impact of Supreme Court decisions
Following the Supreme Court decision in Schmidt v. Moriarty in 2014, 19 Kansas counties began issuing marriage licenses to same sex couples. Following the ruling in
Obergefell v. Hodges
''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protect ...
in 2015, all Kansas counties were issuing same sex marriage certificates. The combination of the Supreme Court decisions, effectively, albeit unofficially, overturned the constitutional amendment.
References
External links
State Ballot Measures, 2005 -- National Institute on Money in State Politics
U.S. state constitutional amendments banning same-sex unions
2005 in LGBT history
LGBT in Kansas
Same-sex marriage ballot measures in the United States
2005 Kansas elections
2005 ballot measures
Kansas ballot measures
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