2004 Arkansas Amendment 3
Referendum to ban same-sex marriage
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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.[3]
Contents
The text of the amendment states:[4]
Marriage. Marriage consists only of the union of one man and one woman.
- 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.
- 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.
Results
| Choice | Votes | % | |
|---|---|---|---|
| For | 753,770 | 74.95 | |
| Against | 251,914 | 25.05 | |
| Total | 1,005,684 | 100.00 | |
| Registered voters/turnout | 1,969,208 | 51.07 | |
May 2014 Court Ruling on Amendment 3 and Arkansas Statutes
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 banned by both state statute and the state constitution in Arkansas. Subject to court stays and appeals.[5]