Help us improve in just 2 minutes—share your thoughts in our reader survey.
Mississippi Amendment 1, Definition of Marriage Amendment (2004)
| Mississippi Amendment 1 | |
|---|---|
 | |
| Election date November 2, 2004 | |
| Topic Marriage and family and LGBT issues | |
| Status | |
| Type Constitutional amendment | Origin State legislature |
Mississippi Amendment 1, the Definition of Marriage Amendment, was on the ballot in Mississippi as a legislatively referred constitutional amendment on November 2, 2004. It was approved. The measure was later overturned.
A "yes" vote supported amending the state constitution to define marriage as between one man and one woman, and providing that same-sex marriages will not be recognized in the state. |
A "no" vote opposed amending the state constitution to define marriage as between one man and one woman, and providing that same-sex marriages will not be recognized in the state. |
Election results
|
Mississippi Amendment 1 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
957,104 | 86.01% | ||
| No | 155,648 | 13.99% | ||
Overview
What did this measure do?
This measure amended the Missouri Constitution to define marriage as between one man and one woman. It also provided that same-sex marriage would not be recognized in the state.
Aftermath
District Court
Judge Carlton Reeves of the US District Court for Southern Mississippi overturned the state's same-sex marriage ban on November 25, 2014.[1] Judge Reeves elaborated on the court's logic, saying:
| “ | It has become clear to the court that people marry for a number of reasons: marriage is a profound source of emotional support; marriage is a private and public expression of commitment; some marry in exercise of their religious beliefs; some do so because it opens the door to economic and government benefits; there are those who marry to present a certain status or image; and others do it for the noble purpose of legitimizing their children. In reviewing the arguments of the parties and conducting its own research, the court determined that an objective person must answer affirmatively to the following questions:
Answering “Yes” to each of these questions leads the court to the inescapable conclusion that same-sex couples should be allowed to share in the benefits, and burdens, for better or for worse, of marriage.[2] |
” |
| —Judge Carlton W. Reeves[3] | ||
State officials appealed the ruling to the US Fifth Circuit Court of Appeals.
Fifth Circuit Court
On December 4, 2014, the US Fifth Circuit Court of Appeals stayed the lower court's decision and decided to take up the case.[4]
U.S. Supreme Court
- See also: Obergefell v. Hodges
On June 26, 2015, the United States Supreme Court ruled that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment of the United States Constitution in the case Obergefell v. Hodges. The ruling overturned bans on same-sex marriage.[5]
Justice Anthony Kennedy authored the opinion and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito each authored a dissent.[6]
Text of measure
Ballot title
The ballot title for Amendment 1 was as follows:
| “ | Amendment No.1 / HCR No.56 A concurrent resolution proposing to amend the Mississippi Constitution of 1890 by creating a new section 263-A to provide that marriage may take place and may be valid under the laws of this state only between a man and a woman; to provide that a marriage in another state or foreign jurisdiction between persons of the same gender, regardless of when the marriage took place, may not be recognized in this state and is void and unenforceable under the laws of this state; and for related purposes. | ” |
Background
Related measures
Between 1998 and 2012, voters in 30 states approved ballot measures that defined marriage as between one male and one female or otherwise prohibited same-sex marriage. The U.S. Supreme Court invalidated bans on same-sex marriage in the case Obergefell v. Hodges in 2015.
- 1998: Alaska
- 2000: Nebraska
- 2002: Nevada
- 2004: Arkansas
- 2004: Georgia
- 2004: Kentucky
- 2004: Louisiana
- 2004: Michigan
- 2004: Mississippi
- 2004: Missouri
- 2004: Montana
- 2004: North Dakota
- 2004: Ohio
- 2004: Oklahoma
- 2004: Oregon
- 2004: Utah
- 2005: Kansas
- 2005: Texas
- 2006: Alabama
- 2006: Colorado
- 2006: Idaho
- 2006: South Carolina
- 2006: South Dakota
- 2006: Tennessee
- 2006: Virginia
- 2006: Wisconsin
- 2008: Arizona
- 2008: California
- 2008: Florida
- 2012: North Carolina
See also
|
External links
- The Mississippi Official & Statistical Register 2004-2008
- Proclamation of the Secretary of the State
Footnotes
- ↑ USA Today, "Judge overturns Mississippi same-sex marriage ban," November 25, 2014
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ United States District Court for the Southern District of Mississippi, "Campaign for Southern Equality v. Bryant," November 25, 2014
- ↑ Jackson Clarion-Ledger, "No gay marriage in Mississippi during appeal," December 4, 2014
- ↑ NPR, "Supreme Court Declares Same-Sex Marriage Legal In All 50 States," June 26, 2015
- ↑ Supreme Court of the United States, "Obergefell v. Hodges," June 26, 2015
 |
State of Mississippi Jackson (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |