Kentucky Constitutional Amendment 12004 Election Night Tally Results
, Kentucky State Board of Elections. Accessed 18 December 2006. of 2004, is an amendment to the

Kentucky Constitution The Constitution of the Commonwealth of Kentucky is the document that governs the Commonwealth of Kentucky. It was first adopted in 1792 and has since been rewritten three times and amended many more. The later versions were adopted in 1799, 1850 ...

that made 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 legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...

s or

civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with ch ...

s. The referendum was approved by 75% of the voters.CNN.com Election 2004 - Ballot Measures
Accessed 30 November 2006.

Text

The text of the amendment states: ''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.''
, Kentucky Legislature. Accessed 18 December 2006.

Legislative history

Amendments to the Kentucky Constitution require 3/5 support in both houses of the General Assembly and a majority vote by referendum; they can not be

vetoed A veto is a legal power to unilaterally stop an official action. In the most typical case, a president (government title), president or monarch vetoes a bill (law), bill to stop it from becoming statutory law, law. In many countries, veto powe ...

by the governor. The amendment was first introduced in the 2004 Kentucky General Assembly as Senate Bill 245. The bill subsequently passed both houses.

First Senate vote

The bill was initially passed by the senate on March 11 by a 33–4 vote.

House vote

The bill was approved by the house, with an amendment, on April 12 by a 85–11 vote.

Second Senate vote

2004 Kentucky Senate Bill 245 senate vote

The bill was approved by the senate again, with the house amendment, on April 13 by a 33–5 vote.

Legal challenges

On September 10, 2013, the

Kentucky Equality Federation Kentucky Equality Federation is an umbrella organization for LGBT rights in the United States, gay, lesbian, bisexual, and transgender civil rights in the Commonwealth of Kentucky, consisting of Federation for Kentucky Equality, Inc., Kentucky Equ ...

sued the

Commonwealth of Kentucky Kentucky (, ), officially the Commonwealth of Kentucky, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Illinois, Indiana, and Ohio to the north, West Virginia to the ...

in Franklin Circuit Court claiming Kentucky's 2004 Constitutional Amendment banning

violated sections of the commonwealth's constitution. Case # 13-CI-1074 was assigned by the Franklin County Court Clerk (the location of the

Kentucky State Capitol The Kentucky State Capitol is located in Frankfort, Kentucky, Frankfort and is the house of the three branches (executive, legislative, judicial) of the Politics of the United States, state government of the Commonwealth (U.S. state), Commonwe ...

). The lawsuit was conceived by President Jordan Palmer, written and signed by Vice President of Legal Jillian Hall, Esq. On April 16, 2015, the case was decided in favor of the plaintiff by Franklin County Circuit Court Judge Thomas D. Wingate. This provision also became void in 2015 when the U.S. Supreme Court ruled in ''

Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark decision of the United States Supreme Court which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of th ...

'' that the

fundamental right Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...

marry Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...

is guaranteed to

same-sex couples A same-sex relationship is a romantic or sexual relationship between people of the same sex. ''Same-sex marriage'' refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries ...

by both the

Due Process Clause A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due proces ...

and the

Equal Protection Clause The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...

of the

Fourteenth Amendment to the United States Constitution The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses Citizenship of the United States ...

Results

References

External links

The Money Behind the 2004 Marriage Amendments -- National Institute on Money in State Politics
{{Elections in Kentucky footer U.S. state constitutional amendments banning same-sex unions 2004 in American law 2004 in LGBTQ history LGBTQ history in Kentucky Same-sex marriage ballot measures in the United States 2004 Kentucky elections 2004 ballot measures in the United States Kentucky ballot measures Marriage in Kentucky