Utah Constitutional Amendment 3
|Elections in Utah|
Utah Constitutional Amendment 3 is an amendment to the Utah state constitution that sought to define marriage as a union exclusively between a man and woman. It passed in the November 2, 2004 election, as did similar amendments in ten other states.
The amendment reads:
- 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.
As of December 20, 2013, through a 53-page ruling by Judge Robert J. Shelby of the U.S. District Court for Utah, in Kitchen v. Herbert, Amendment 3 was struck down as violating due process and equal protection of the 14th amendment of the U.S. Constitution, and same-sex marriage became legal statewide.
Both pro and anti amendment groups formed to sway voters. The "Don't Amend Alliance" organized in spring, much earlier than pro-amendment groups. The Alliance raised hundreds of thousands dollars, catching supporters of the amendment by surprise. They responded with the "Yes! For Marriage" group, which only began a coordinated campaign on October 5. Nonetheless, latent support for the amendment appeared high with over 60% support for the Amendment in a Salt Lake Tribune poll conducted early October.
The Church of Jesus Christ of Latter-day Saints (LDS church), though not officially endorsing the amendment, publicized a statement in July endorsing constitutional amendments that define marriage. On October 20, just 13 days before Utahns voted on the amendment, the LDS church officially stated that "Any other sexual relations, including those between persons of the same gender, undermine the divinely created institution of the family. The Church accordingly favors measures that define marriage as the union of a man and a woman and that do not confer legal status on any other sexual relationship." Supporters of the amendment asserted the second statement showed specific LDS support for Amendment 3. Others, including moderately conservative Latter-day Saint KSL radio talk show host Doug Wright, believed that since the new statement applied only to "sexual relations" it highlighted precisely how Amendment 3 went too far.
The Episcopal church publicly opposed the amendment.
Three candidates for Utah attorney general, including incumbent Republican Mark Shurtleff, issued a joint statement opposing the amendment on August 6. In many other political races, notably the gubernatorial race, candidates weighed in on this issue.
On November 2, 2004, Amendment 3 was approved by 66% of Utah voters, (rejected in two counties) in a closer than expected race. Governor Huntsman proposed reciprocal benefits for gay couples in reaction. The reciprocal beneficiary measure failed in the Utah Senate during the 2005 legislative session on a ten in favor to eighteen opposed poll.
On December 20, 2013 Amendment 3 was ruled unconstitutional by Federal District Court Judge Robert J. Shelby in Salt Lake City. The state government is expected to appeal.
Arguments for Amendment 3
Supporters of Amendment 3 said that the amendment would do three things:
- Prevent state courts from making a ruling that current Utah marriage legislation as being unconstitutional.
- Prevent state courts from forcing recognition of out-of-state marriages.
- Prevent the creation of "counterfeit marriages", such as civil unions.
Arguments against Amendment 3
Those opposed to the amendment say that section one of the amendment is completely unnecessary since Utah already outlaws same-sex marriage. They also say the second part of the amendment "goes too far". They feel that it would invalidate common law marriage as well as reducing rights to will property to whomever one chooses.
On November 2, 2004 Amendment 3 passed by a margin of 65.8% to 33.2%. Results were 593,297 votes for and 307,488 votes against the amendment. The amendment went into effect on January 1, 2005. Utah courts in 2006 ruled that the amendment does not ban domestic partnerships and allowed Salt Lake City's domestic partnership registry to stand. In 2009 Utah Governor Jon Hunstman indicated it was his belief the amendment would not ban civil unions.    
On March 25, 2013, three same-sex couples, including one already married in Iowa, filed a lawsuit in the United States District Court for the District of Utah seeking to declare Utah’s prohibition on the recognition of same-sex marriages unconstitutional under the Due Process and Equal Protection clauses of the United States Constitution. The court heard arguments on December 4. The state argued that there was "nothing unusual" in enforcing policies that encourage "responsible procreation" and the "optimal mode of child-rearing". Plaintiffs' attorney contended that the policy is "based on prejudice and bias that is religiously grounded in this state".
On December 20, 2013, District Judge Robert J. Shelby struck down the same-sex marriage ban as unconstitutional (appeals are expected) and violating same-gender couples’ their rights to due process and equal protection under the Fourteenth Amendment. The ruling prevents the State from enforcing Sections 30-1-2 and 30-1-4.1 of the Utah Code and Article I, § 29 of the Utah Constitution to the extent these laws prohibit a person from marrying another person of the same sex. State Senator Jim Dabakis and his partner of 27 years were among the first same-sex couples to marry in the state.
- Same-sex marriage in the United States
- Same-sex marriage legislation in the United States
- Same-sex marriage in the United States by state
- Same-sex marriage in the United States public opinion
- Same-sex marriage status in the United States by state
- List of benefits of marriage in the United States
- Defense of Marriage Act
- Marriage Protection Act
- U.S. state constitutional amendments banning same-sex unions
- Federal Marriage Amendment
- Domestic partnerships in the United States
- Freedom to Marry Coalition
- History of civil marriage in the U.S.
- "2004 General Election Turnout Rates". United States Election Project. June 4, 2013.
- Romboy, Dennis (March 26, 2013). "Utah among several states with marriage laws under legal challenge". Deseret News. Retrieved December 5, 2013.
- "Judge hears arguments in case challenging Utah's gay marriage ban". Aljazeera America. December 4, 2013. Retrieved December 5, 2013.
- "Judge strikes down Utah’s same-sex marriage ban". Washington Post. December 20, 2013. Retrieved December 20, 2013.
- "Utah county begins issuing marriage licenses to same-sex couples". Chicago Tribune. December 20, 2013. Retrieved December 20, 2013.
- Deseret Morning News — Marriage measure dividing Utah race
- Salt Lake Tribune — Amendments pass, No. 3 by wide margin
- The Money Behind the 2004 Marriage Amendments -- National Institute on Money in State Politics