SENATE JOINT RESOLUTION NO. 5
(By Senators Sypolt, Boley, Hall, K. Facemyer and Nohe)
[Introduced January 13, 2011; referred to the Committee on the Judiciary; and then to the Committee on Finance.]
Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof by adding thereto a new section, designated section twenty-three, relating to the marriage protection amendment; prohibiting the state from recognizing same-sex marriages; prohibiting the state from recognizing a legal status for relationships that are similar to marriage; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2012, or at any special election held subsequent thereto, which proposed amendment is that article III thereof be amended by adding thereto a new section, designated section twenty-three, to read as follows:
ARTICLE III. BILL OF RIGHTS.
§23. Marriage Protection 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 same-sex relationships to which is assigned the rights, benefits, obligations, qualities or effects of marriage.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as "The Marriage Protection Amendment" and the purpose of the proposed amendment is summarized as follows: "To amend the State Constitution to restrict marriage to one man and one woman; and to prohibit the state from recognizing same sex marriages.”
NOTE: The purpose of this resolution is to amend the State Constitution in order to prohibit the state from recognizing same sex marriages.
This section is new; therefore, strike-throughs and underscoring have been omitted.