Text of AL HJR 192 (2014)

HJR192 1 158735-1 2 By Representatives Laird and Bridges 3 RFD: Rules 4 First Read: 20-FEB-14 5 Page 0 158735-1:n:02/18/2014:LLR/mfc LRS2014-756 1 2 3 4 5 6 7 URGING CONGRESS TO CALL A CONVENTION FOR THE PURPOSE 8 OF PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED 9 STATES. 10 11 WHEREAS, the United States Supreme Court has defined 12 the family as "consisting in and springing from the union for 13 life of one man and one woman in the holy state of matrimony; 14 the sure foundation of all that is stable and noble in our 15 civilization; the best guaranty of that reverent morality 16 which is the source of all beneficent progress in social and 17 political improvement," Murphy v. Ramsey, 114 U.S. 15, 45 18 (1885), quoted in United States v. Bitty, 208 U.S. 393, 401 19 (1908); and 20 WHEREAS, the United States Supreme Court described 21 marriage as "an institution, in the maintenance of which in 22 its purity the public is deeply interested, for it is the 23 foundation of the family and of society, without which there 24 would be neither civilization nor progress," Maynard v. Hill, 25 125 U.S. 190, 211 (1888); and 26 Page 1 WHEREAS, the United States Supreme Court in 1977 1 stated that "the basic foundation of the family in our society 2 [is] the marriage relationship," Smith v. Org. of Foster 3 Families For Equal. and Reform, 431 U.S. 816, 843 (1977); and 4 WHEREAS, the Constitution of the State of Alabama, 5 describing marriage as "a sacred covenant, solemnized between 6 a man and a woman," §36.03(c), Al. Const. 1901, states that a 7 "marriage contracted between individuals of the same sex is 8 invalid in this state," §36.03(b), and that a "union 9 replicating marriage of or between persons of the same 10 sex...shall be considered and treated in all respects as 11 having no legal force or effect in this state," §36.03(g); and 12 WHEREAS, the Supreme Court of Alabama explained that 13 "[t]he family unit is the basic foundation of our society," 14 and further stated that "there are forces at work which 15 attempt to tear it asunder," Ex parte Shuttleworth, 410 So.2d 16 896, 901 (Ala. 1981) (per curiam); and 17 WHEREAS, the Supreme Court of Alabama further 18 explained that marriage is "the most important of all the 19 social relations," Moyler v. Moyler, 11 Ala. 620, 623 (1847), 20 "a contract between a man and a woman...for the purpose of 21 their mutual happiness and for the production and education of 22 children," Goodrich v. Goodrich, 44 Ala. 670, 674 (Ala. 1870) 23 (emphasis omitted) (internal quotation marks and citation 24 omitted), "a divine institution" imposing upon the parties 25 "higher moral religious obligations than those imposed by any 26 mere human institution or government," Hughes v. Hughes, 44 27 Page 2 Ala. 698, 703 (1870), and a "sacred relation," Smith v. Smith, 1 37 So. 638, 638-39 (Ala. 1904); and 2 WHEREAS, in 2013 the United State Supreme Court 3 officially severed its respect for marriage by declaring 4 unconstitutional the Defense of Marriage Act (DOMA) which 5 defined marriage for federal purposes as existing between one 6 man and one woman, United States v. Windsor, 133 S. CT. 2675 7 (2013); now therefore, 8 BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH 9 HOUSES THEREOF CONCURRING, That pursuant to Article V of the 10 United States Constitution, the Legislature of the State of 11 Alabama, by a joint resolution of the Senate and House of 12 Representatives, hereby makes application to the United States 13 Congress to call a Convention for proposing the following 14 amendment to the Constitution of the United States: 15 Section 1. This article may be cited as the 16 "Marriage Preservation Amendment" to the United States 17 Constitution. 18 Section 2. Nothing in this Constitution or in the 19 constitution or laws of any state may define or be construed 20 to define marriage except as the union of one man and one 21 woman, and no other union shall be recognized with legal 22 incidents thereof within the United States or any place 23 subject to their jurisdiction. 24 BE IT FURTHER RESOLVED, That this application by the 25 Legislature of the State of Alabama constitutes a continuing 26 application in accordance with Article V of the Constitution 27 Page 3 of the United States until at least two-thirds of the 1 legislatures of the several states have made similar 2 applications pursuant to Article V. 3 BE IT FURTHER RESOLVED, That since this method of 4 proposing amendments to the Constitution has never been 5 completed to the point of calling a convention and no 6 interpretation of the power of the states in the exercise of 7 this right has ever been made by any court or any qualified 8 tribunal, if there be such, and since the exercise of the 9 power is a matter of basic sovereign rights and the 10 interpretation thereof is primarily in the sovereign 11 government making such exercise and since the power to use 12 such right in full also carries the power to use such right in 13 part the Legislature of the State of Alabama interprets 14 Article V to mean that if two-thirds of the states make 15 application for a convention to propose an identical amendment 16 to the Constitution for ratification with a limitation that 17 such amendment be the only matter before it, that such 18 convention would have power only to propose the specified 19 amendment and would be limited to such proposal and would not 20 have power to vary the text thereof nor would it have power to 21 propose other amendments on the same or different 22 propositions. 23 BE IT FURTHER RESOLVED, That a duly attested copy of 24 this resolution be provided to the Secretary of the Senate of 25 the United States, the Clerk of the House of Representatives 26 of the United States, to each member of the Congress from this 27 Page 4 state, and to each House of each state legislature in the 1 United States. 2 Page 5