Text of KS SCR 1601 (2005)

SENATE CONCURRENT RESOLUTION No. 1601 A PROPOSITION to amend article 15 of the constitution of the state of Kansas by adding a new section thereto, concerning marriage. Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected (or appointed) and qualified to the Senate and two- thirds of the members elected (or appointed) and qualified to the House of Representatives concurring therein: Section 1. The following proposition to amend the constitution of the state of Kansas shall be submitted to the qualified electors of the state for their approval or rejection: Article 15 of the constitution of the state of Kansas is amended by adding a new section thereto to read as follows: ‘‘§ 16. Marriage. (a) The marriage contract is to be considered in law as a civil contract. Marriage shall be constituted by one man and one woman only. All other marriages are declared to be contrary to the public policy of this state and are void. ‘‘(b) No relationship, other than a marriage, shall be recognized by the state as entitling the parties to the rights or incidents of marriage.’’ Sec. 2. The following statement shall be printed on the ballot with the amendment as a whole: ‘‘Explanatory statement. There is currently no constitutional pro- vision regarding marriage. There is a statute, enacted by the leg- islature, that defines marriage as a civil contract between two persons who are of opposite sex and declares all other marriages to be contrary to public policy and void. ‘‘A vote for this proposition would amend the Kansas constitution to incorporate into it the definition of marriage as a civil contract between one man and one woman only and the declaration that any other marriage is contrary to public policy and void. The proposed constitutional amendment also would prohibit the state from recognizing any other legal relationship that would entitle the parties in the relationship to the rights or incidents of marriage. ‘‘A vote against this proposition would not amend the constitution, in which case the current statute that defines marriage would remain unchanged but could be amended by future acts of the legislature or modified by judicial interpretation.’’ Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed) and qualified to the Senate, and two-thirds of the members elected (or appointed) and qualified to the House of Repre- sentatives, shall be entered on the journals, together with the yeas and nays. The secretary of state shall cause this resolution to be published as provided by law and shall cause the proposed amendment to be submitted to the electors of the state at the general election in April in the year 2005 unless a special election is called at a sooner date by concurrent resolution of the legislature, in which case it shall be submitted to the electors of the state at the special election. I hereby certify that the above CONCURRENT RESOLUTION originated in the SENATE, and was adopted by that body President of the Senate. Secretary of the Senate. Adopted by the HOUSE Speaker of the House. Chief Clerk of the House.