SECOND REGULAR SESSION

House Concurrent Resolution No. 45

93RD GENERAL ASSEMBLY

5640L.02I

            Whereas, Senate Joint Resolution 1 has been introduced in th United States Congress to amend the United States Constitution as follows:

                    "Section 1. This article may be cited as the "Marriage Protection Amendment".

            Section 2. Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman."; and

            Whereas, civil marriage, as a legal union, has generally been defined by state law in accord with the principles of federalism. Although the states have the primary regulatory power with regard to marriage, the federal government has been involved in regulating marriage since the mid-nineteenth century; and

            Whereas, the 1986 Morrill Act, which made bigamy a punishable federal offense, was followed by a series of laws designed to end the practice of polygamy; and

            Whereas, in 1996, President Clinton signed the Defense of Marriage Act into law which prevents federal recognition of same-sex marriage, and allows state to refuse to recognize same-sex licenses obtained outside their borders; and

            Whereas, the efforts of 19 States, including Missouri, to protect traditional marriage by way of a constitutional amendment as the union between one man and one woman is a clear indication to the rest of the country and the United States Congress that the citizens of each state are in strong support of the most sacred institution of marriage; and

            Whereas, despite progress to protect marriage in the states, the courts pose a direct threat to the will of the people who have spoken through the democratic process; and

            Whereas, on July 14, 2004, by a vote of 50-48, a similarly-worded federal marriage amendment was defeated in the United States Senate. Despite the amendment's failure in the United States Senate, the United States House of Representatives took up the amendment on September 30, 2004. With a vote of 227-186, the amendment fell well short of the votes needed for adoption; and

            Whereas, a vote on the marriage protection amendment in the United States Senate is scheduled for June 5, 2006; and

            Whereas, to become part of the United States Constitution, the Marriage Protection Amendment would need to be approved by a two-thirds majority in the United States House of Representatives and the Senate, and then ratified by 38 of the state legislatures. Three-fourths of the states have already enacted laws in accord with the 1996 Defense of Marriage Act, but these laws do not constitute ratification of the Marriage Protection Amendment:

            Now, therefore, be it resolved that the members of the House of Representatives of the Ninety-third General Assembly, Second Regular Session, the Senate concurring therein, hereby urge the United States Congress to approve the Marriage Protection Amendment which would define marriage in the United States as a union of one man and one woman; and

            Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for each member of the Missouri Congressional Delegation.