Text of LA HB 767 (2004)

HLS 04-1690 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2004 HOUSE BILL NO. 767 BY REPRESENTATIVE CROWE MARRIAGE: (Constitutional Amendment) Prohibits marriage between persons of the same gender A JOINT RESOLUTION 1 Proposing an amendment to the Constitution of Louisiana, to amend Article I, Section 3 and 2 to add Article XII, Section 15, relative to marriage; to prohibit same gender marriage; 3 to provide for the effect of same gender marriages performed in another state, 4 territory, or possession of the United States, or by an Indian tribe; to provide for 5 submission of the proposed amendment to the electors; and to provide for related 6 matters. 7 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members 8 elected to each house concurring, that there shall be submitted to the electors of the state of 9 Louisiana, for their approval or rejection in the manner provided by law, a proposal to amend 10 Article I, Section 3 of the Constitution of Louisiana, to read as follows: 11 §3. Right to Individual Dignity 12 Section 3. No person shall be denied the equal protection of the laws. No law 13 shall discriminate against a person because of race or religious ideas, beliefs, or 14 affiliations. No law shall arbitrarily, capriciously, or unreasonably discriminate against 15 a person because of birth, age, sex, culture, physical condition, or political ideas or 16 affiliations; however persons of the same gender shall not contract marriage with each 17 other. Slavery and involuntary servitude are prohibited, except in the latter case as 18 punishment for crime. 19 * * * 20 HLS 04-1690 ORIGINAL H.B. NO. 767 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Section 2. Be it resolved by the Legislature of Louisiana, two-thirds of the members 1 elected to each house concurring, that there shall be submitted to the electors of the state of 2 Louisiana, for their approval or rejection in the manner provided by law, a proposal to amend 3 Article XII, Section 15 of the Constitution of Louisiana, to read as follows: 4 §15. Effect of purported marriage between persons of same gender 5 Section 15. This state shall not give effect to any public act, record, or judicial 6 proceeding of any other state, territory or possession of the United States, Indian 7 tribe, country, or other jurisdiction respecting a relationship between persons of the 8 same gender that is treated as marriage under the laws of the other state, territory or 9 possession, tribe, country, or jurisdiction or a right or claim arising from such 10 relationship. 11 Section 3. Be it further resolved that this proposed amendment shall be submitted to 12 the electors of the state of Louisiana at the statewide election to be held on November 2, 13 2004. 14 Section 4. Be it further resolved that on the official ballot to be used at said election 15 there shall be printed a proposition, upon which the electors of the state shall be permitted to 16 vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall read 17 as follows: 18 To prohibit marriage between persons of the same gender and to provide that 19 no effect will be given to any public act, record, or judicial proceeding of any 20 state, territory or possession of the United States, Indian tribe, country or 21 jurisdiction respecting a relationship between persons of the same gender that 22 is treated as marriage under the laws of that state, territory or possession, 23 tribe, country or jurisdiction or a right or claim arising from such relationship. 24 (Amends Article I, Section 3; Adds Article XII, Section 15) 25 HLS 04-1690 ORIGINAL H.B. NO. 767 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. Crowe HB No. 767 Abstract: Provides that persons of the same gender shall not contract marriage with each other. Present constitution provides that no person shall be denied equal protection and no law shall unreasonably discriminate against a person because of his birth, age, sex, culture, physical condition, or political ideas or affiliations. Proposed constitutional amendment retains present constitution and specifically prohibits persons of the same gender from contracting marriage with each other. Present law (28 U.S.C. §1738C) provides that states, territories, or possessions of the U.S. are not required to give effect to any act, record, or proceeding of another state, territory, or possession, or tribe which treats a relationship between persons of the same gender as a marriage or any right or claim arising from such a relationship. Proposed constitutional amendment incorporates present law into the La. Constitution and extends the application to other countries and jurisdictions. Provides for submission of the proposed amendment to the voters at the statewide election to be held November 2, 2004. (Amends Const. Art. I, §3; Adds Const. Art. XII, §15)