Arkansas Constitutional Amendment 3

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Constitutional Amendment 3 of 2004, is an amendment to the Arkansas Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 75% of the voters.[1]

The text of the amendment states:

  1. Marriage. Marriage consists only of the union of one man and one woman.
  2. Marital 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.
  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.[2]


Amendment 3[3]
Choice Votes  %
Referendum passed Yes 753,770 74.95
No 251,914 25.04
Total votes 1,005,684 100.00
Registered voters and turnout 1,969,208 51.07

May 2014 Court Ruling on Amendment 3 and Arkansas Statutes[edit]

On May 9, 2014, Sixth Judicial Circuit Judge Chris Piazza ruled the ban on same-sex marriage in the state of Arkansas was unconstitutional, which legalized same-sex marriage in the state. Previously same-sex marriage was banning in both state statute and the state constitution in Arkansas. Subject to court stays and appeals.[4]

See also[edit]


  1. ^ Election 2004 - Ballot Measures Accessed 30 November 2006.
  2. ^ Arkansas State Constitution Archived October 3, 2008, at the Wayback Machine., 83rd Amendment, Arkansas Legislature. Accessed 18 December 2006.
  3. ^ "2004 General Election Turnout Rates". United States Election Project. June 4, 2013. Archived from the original on July 9, 2013. 
  4. ^ "Arkansas judge strikes down state ban on same-sex marriage". Reuters. May 9, 2014. Retrieved May 9, 2014. 

External links[edit]