Text of MO HCR 45 (2011)

FIRST REGULAR SESSION House Concurrent Resolution No. 45 96TH GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVES POLLOCK (Sponsor), GATSCHENBERGER, DUGGER, WELLS, WRIGHT, LOEHNER, KEENEY, ROWLAND, COX, LANT, REIBOLDT, DAVIS, FUHR, SCHOELLER, ENTLICHER, HOSKINS, SCHAD, SOLON, STREAM, THOMSON, COOKSON, BROWN (116), HIGDON, KORMAN, DENISON, LONG, KOENIG, FISHER, GRISAMORE, CURTMAN, McCAHERTY, FREDERICK, SCHATZ, HOUGHTON, CRAWFORD, ELMER, HAMPTON, CIERPIOT, SCHIEBER, FITZWATER, HOUGH, CROSS, JONES (89), LICHTENEGGER, LASATER, BAHR, FRAKER, WALLINGFORD, RICHARDSON, JONES (117), FUNDERBURK, FLANIGAN AND ASBURY (Co-sponsors). 1974L.01I WHEREAS, states have plenary power to recognize marriages, to establish their own public policies with regard to the institution of marriage, and to provide for the benefits related to marriage in a rational manner; and WHEREAS, Article I, Section 33 of the Missouri Constitution states: "That to be valid and recognized in this state, a marriage shall exist only between a man and a woman."; and WHEREAS, Article I, Section 33 of the Missouri Constitution as adopted on August 3, 2004, is an expression of the supermajority will of Missouri citizens having passed in every county in Missouri and having passed by a total percentage of 71% in favor of the amendment; and WHEREAS, the primary function and purpose of Article I, Section 33 of the Missouri Constitution is to express the State of Missouri's support for the longstanding secular and religious tradition of marriage between a man and a woman and not to invidiously discriminate against a particular class of persons; and WHEREAS, the extremely rare and perplexing refusal of President Barack Obama's Administration to defend the constitutionality of the Defense of Marriage Act in federal court, as expressed in a February 23, 2011, letter from Attorney General Eric H. Holder, Jr. to House Speaker John Boehner, is a serious threat to the rule of law; and WHEREAS, the Obama Administration's articulation of a novel legal theory whereby sexual orientation is elevated to the status of "heightened scrutiny" under the Equal Protection Clause of the United States Constitution is without precedential support, and poses a serious threat to the longstanding rights of the states to recognize marriage and to establish their own public policies with regard to the institution of marriage: NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-sixth General Assembly, First Regular Session, the Senate concurring therein, hereby urge the United States Congress and the President of the United States to uphold and defend the federal Defense of Marriage Act; and BE IT FURTHER RESOLVED that the Missouri General Assembly further urges the United States Congress and the President of the United States to uphold and defend the traditional right of states to legislate with a rational basis to recognize marriages, establish their own public policies with regard to the institution of marriage, and to provide benefits related to the institution of marriage; and BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the President of the United States, the Speaker of the United States House of Representatives, and each member of the Missouri Congressional Delegation. •