Arkansas Constitutional Amendment 3

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3rd District, 2001

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State elections
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Ballot measures

2004: Constitutional Amendment 3

2008: Proposed Initiative Act No. 1

Constitutional Amendment 3 of 2004, is an amendment to the Arkansas Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 75% of the voters.^[1]

The text of the amendment states:

Marriage. Marriage consists only of the union of one man and one woman.
Marital status. Legal status for unmarried persons which is identical or substantially similar to marital status shall not be valid or recognized in Arkansas, except that the legislature may recognize a common law marriage from another state between a man and a woman.
Capacity, rights, obligations, privileges, and immunities. The legislature has the power to determine the capacity of persons to marry, subject to this amendment, and the legal rights, obligations, privileges, and immunities of marriage.^[2]

Results

Amendment 3^[3]
Choice	Votes	%
Yes	753,770	74.95
No	251,914	25.04
Total votes	1,005,684	100.00
Registered voters and turnout	1,969,208	51.07

May 2014 Court Ruling on Amendment 3 and Arkansas Statutes

On May 9, 2014, Sixth Judicial Circuit Judge Chris Piazza ruled the ban on same-sex marriage in the state of Arkansas was unconstitutional, which legalized same-sex marriage in the state. Previously same-sex marriage was banning in both state statute and the state constitution in Arkansas. Subject to court stays and appeals.^[4]

References

↑ CNN.com Election 2004 - Ballot Measures Accessed 30 November 2006.
↑ Arkansas State Constitution Archived October 3, 2008, at the Wayback Machine., 83rd Amendment, Arkansas Legislature. Accessed 18 December 2006.
↑ "2004 General Election Turnout Rates". United States Election Project. June 4, 2013. Archived from the original on July 9, 2013.
↑ "Arkansas judge strikes down state ban on same-sex marriage". Reuters. May 9, 2014. Retrieved May 9, 2014.

External links

The Money Behind the 2004 Marriage Amendments -- National Institute on Money in State Politics

Same-sex marriage in the United States
Main articles History Timeline State constitutional amendments banning (List by type) Public opinion Status of unions by state Law Legislation Municipal domestic partnership registries Rights and responsibilities of marriage Federal government
Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Northern Mariana Islands Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Virgin Islands Washington West Virginia Wisconsin Wyoming
Tribal sovereign nations	Blackfeet Nation Central Council of the Tlingit and Haida Indian Tribes of Alaska Cherokee Nation Cheyenne and Arapaho Tribes Confederated Tribes of Coos, Lowet Umpqua and Siuslaw Indians Confederated Tribes of Siletz Indians Confederated Tribes of the Colville Reservation Confederated Tribes of the Grand Ronde Community of Oregon Coquille Indian Tribe Eastern Shoshone Tribe Fond du Lac Band of Lake Superior Chippewa Fort McDermitt Paiute and Shoshone Tribes Fort McDowell Yavapai Nation Grand Portage Band of Chippewa Ho-Chunk Nation of Wisconsin Iipay Nation of Santa Ysabel Keeweenaw Bay Indian Community Lac du Flambeau Band of Lake Superior Chippewa Leech Lake Band of Ojibwe Little Traverse Bay Bands of Odawa Indians Mashantucket Pequot Tribal Nation Menominee Indian Tribe of Wisconsin Northern Arapaho Tribe Oglala Sioux Tribe Oneida Tribe of Indians of Wisconsin Osage Nation Pascua Yaqui Tribe Pokagon Band of Potawatomi Indians Port Gamble S’Klallam Tribe Prairie Island Indian Community Puyallup Tribe of Indians Salt River Pima-Maricopa Indian Community San Carlos Apache Tribe Sault Ste. Marie Tribe of Chippewa Indians Stockbridge-Munsee Community Band of Mohican Indians Suquamish Tribe Tulalip Tribes of Washington Yavapai-Apache Nation
Civil unions or domestic partnerships also offered	California Colorado District of Columbia Hawaii Illinois Maine Maryland Nevada New Jersey New York City Oregon Washington Wisconsin
Recognition of same-sex unions undefined by law	American Samoa

U.S. same-sex unions ballot measures
1990s	Hawaii Constitutional Amendment 2 (1998, see note¹) Alaska Ballot Measure 2 (1998, Ban)
2000s	California Proposition 22 (2000, Ban) Nebraska Initiative 416 (2000, Ban) Nevada Question 2 (2002, Ban) Arkansas Constitutional Amendment 3 (2004, Ban) Georgia Constitutional Amendment 1 (2004, Ban) Kentucky Constitutional Amendment 1 (2004, Ban) Louisiana Constitutional Amendment 1 (2004, Ban) Michigan Proposal 04-2 (2004, Ban) Mississippi Amendment 1 (2004, Ban) Missouri Constitutional Amendment 2 (2004, Ban) Montana Initiative 96 (2004, Ban) North Dakota Constitutional Measure 1 (2004, Ban) Ohio Issue 1 (2004, Ban) Oklahoma Question 711 (2004, Ban) Oregon Ballot Measure 36 (2004, Ban) Utah Constitutional Amendment 3 (2004, Ban) Kansas Amendment 1 (2005) Texas Proposition 2 (2005, Ban) Alabama Amendment 774 (2006) Arizona Proposition 107 (2006, Constitutional ban defeated) Colorado Amendment 43 (2006, Ban) Idaho Amendment 2 (2006) South Carolina Amendment 1 (2006, Ban) South Dakota Amendment C (2006) Tennessee Amendment 1 (2006, Ban) Marshall-Newman Amendment (Virginia) (2006, Ban) Wisconsin Referendum 1 (2006, Ban) Arizona Proposition 102 (2008, Ban) California Proposition 8 (2008, Ban) Florida Amendment 2 (2008, Ban) Maine Question 1 (2009, Legalizing legislation defeated)
2010s	North Carolina Amendment 1 (2012, Ban) Maine Question 1 (2012, Legalization) Maryland Question 6 (2012, Legalization) Minnesota Amendment 1 (2012, Proposed ban defeated) Washington Referendum 74 (2012, Legalization)
¹: De facto ban, granted Legislature authority to ban same-sex marriage. Reversed in 2013 by the Hawaii Marriage Equality Act.

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Arkansas Constitutional Amendment 3

Results

May 2014 Court Ruling on Amendment 3 and Arkansas Statutes

See also

References

External links