States Scheduled to Vote on Constitutional Amendment on November 2, 2004 Ballot
and Passed a Constitutional Amendment to Ban Gay Marriage in 2004 
 
 
States Constitutional Amendments That Would Ban Only Gay Marriage
 
Oregon
Proposed Amendment: "It is the policy of Oregon, and its political subdivisions, that only a marriage between one man
and one woman shall be valid or legally recognized as a marriage." (link to official text - PDF format)

Mississippi
Proposed Constitutional Amendment: "Marriage may take place and may be valid under the laws of this state only
between a man and a woman. 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." (link to official text)

Montana
Proposed Constitutional Amendment: "Only a marriage between one man and one woman shall be valid or recognized
as a marriage in this state." See Montana Secretary of State Web Site News Releases, "Constitutional Initiative on Marriage Qualifies for Ballot." http://sos.state.mt.us/css/News_Releases/07_15_2004.asp ]

States Constitutional Amendment That Would Ban Gay Marriage and Civil Union Recognition.
 
Arkansas
Proposed Constitutional Amendment: "SECTION 1: Marriage. Marriage consists only of the union of one man and one
woman. SECTION 2: Martial 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. SECTION 3: 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." (link to official text - PDF format)

Georgia
Proposed Constitutional Amendment: "Recognition of marriage. (a) This state shall recognize as marriage only the union
of man and woman. Marriages between persons of the same sex are prohibited in this state. (b) No union between persons
of the same sex shall be recognized by this state as entitled to the benefits of marriage. This state shall not give effect to
any public act, record, or judicial proceeding of any other state or jurisdiction respecting a relationship between persons of
the same sex that is treated as a marriage under the laws of such other state or jurisdiction. The courts of this state shall
have no jurisdiction to grant a divorce or separate maintenance with respect to any such relationship or otherwise to consider
or rule on any of the parties´ respective rights arising as a result of or in connection with such relationship." (link to official text)

Kentucky
Proposed Constitutional Amendment: "Only a marriage between one man and one woman shall be valid or recognized
as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall
not be valid or recognized." (link to official text - PDF format)

Michigan
Proposed Constitutional Amendment: "To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a
marriage or similar union for any purpose." Text does not appear on Michigan secretary of state's Web site. See Detroit
Free Press Article: "Questions, Answers on Michigan Gay Marriage Issue."   http://www.freep.com/news/mich/gaymarriage13e_20040913.htm ] 

 
North Dakota
Proposed Constitutional Amendment: "Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect." (link to official text - PDF format)

Ohio
Proposed Constitutional Amendment: "Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. This state and its political subdivisions shall not create or recognize
a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect
of marriage." (link to official petition in PDF format)

Oklahoma
Proposed Constitutional Amendment: "A. Marriage in this state shall consist only of the union of one man and one
woman. Neither this Constitution nor any other provision of law shall be construed to require that marital status or the
legal incidents thereof be conferred upon unmarried couples or groups. B. A marriage between persons of the same
gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage.
C. Any person knowingly issuing a marriage license in violation of this section shall be guilty of a misdemeanor."
(link to official text - PDF format)

Utah
Proposed Constitutional Amendment: "[Marriage.] (1) Marriage consists only of the legal union between a man and
a woman. (2) No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect." (link to official text)
 
States That Have Passed a Constitutional Amendment to Ban Gay Marriage in 2004.
 
Louisiana
Proposed Constitutional Amendment: "Marriage in the state of Louisiana shall consist only of the union of one man
and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require
that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man
and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be
valid or recognized. No official or court of the state of Louisiana shall recognize any marriage contracted in any other
jurisdiction which is not the union of one man and one woman." (link to official text - PDF format)
Constitutional Amendment Passed: September 18, 2004, Bans Equal Maiirage
Rights and Civil Unions.
NOTE: Constitutional Amendment Struck Down By Louisiana State Court Struck Down on 
October 5, 2004. See Seattle
Times Article: "Louisiana Judge Rejects Gay-Marriage Ban."
[ http://seattletimes.nwsource.com/html/nationworld/2002055204_ndig06.html ]
 
Missouri
Proposed Constitutional Amendment: "That to be valid and recognized in this state, a marriage shall exist only between
a man and a woman." (link to official text)
Constitutional Amendment Passed: August. 3, 2004 and Bans Equal Marriage Rights.
 
Source: GLAAD, Detroit Free Press, MomtanaFamily.Org, OhioMarriage.Com, The Seattle Times and States Official Web Sites 
 
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