HOUSE JOINT RESOLUTION NO. 106
(By Delegates Pino, Pethtel,
Rick Thompson, Carmichael, Michael, Boggs,
Beane, Armstead, Howard, Hall and Ennis)
[Introduced January 30, 2006; referred to the
Committee on Constitutional Revision then the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending article III thereof by adding thereto a new
section, designated section 23, 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 is 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 two thousand six, 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 23, 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, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "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.