Text of NJ SCR 88 (2012)

SENATE CONCURRENT RESOLUTION No. 88 STATE OF NEW JERSEY 215th LEGISLATURE INTRODUCED FEBRUARY 9, 2012 Sponsored by: Senator CHRISTOPHER "KIP" BATEMAN District 16 (Hunterdon, Mercer, Middlesex and Somerset) SYNOPSIS Proposes constitutional amendment authorizing same-sex marriage. CURRENT VERSION OF TEXT As introduced. A Concurrent Resolution proposing to amend Article I of the Constitution of the State of New Jersey. Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring): 1. The following proposed amendment to the Constitution of the State of New Jersey is agreed to: PROPOSED AMENDMENT Amend Article I by adding a new paragraph 23 to read as follows: 23. "Marriage" is the legally recognized union of two persons of any gender. 2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election. 3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form: There shall be printed on each official ballot to be used at the general election, the following: a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows: If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No." b. In every municipality the following question: CONSTITUTIONAL AMENDMENT CONCERNING SAME-SEX MARRIAGE YES Do you approve amending the Constitution to define "marriage" as "the legally recognized union of two persons of any gender"? INTERPRETIVE STATEMENT NO This proposed amendment would authorize same-sex marriage in New Jersey. The amendment would add to the Constitution a provision that defines marriage as "the legally recognized union of two persons of any gender." This definition of "marriage" in the Constitution would allow same-sex couples to get married. Currently, the Constitution does not contain any definition of marriage. Same-sex couples are not allowed to marry in New Jersey. A "yes" vote would allow same-sex marriage. A "no" vote would leave the Constitution unchanged. Same-sex marriage would not be referred to in the Constitution. STATEMENT This proposed constitutional amendment would authorize same-sex marriage in the State by adding a new paragraph to the New Jersey Constitution providing that "'marriage' is the legally recognized union of two persons of any gender." Currently, the Constitution does not contain a definition of marriage. Same-sex couples may enter into civil unions in New Jersey pursuant to P.L.2006, c.103 (C.37:1-28 et al.) but are not allowed to marry. It is the intent of the sponsor that the rights of same-sex couples in civil unions would not in any way be affected by this amendment. In Lewis v. Harris, 188 N.J. 415 (2006), the New Jersey Supreme Court held that denying rights and benefits to same-sex couples that are statutorily given to their heterosexual counterparts violates the equal protection guarantee of the New Jersey Constitution. The court ruled that the Legislature must either amend the marriage statutes to include same-sex couples or create a parallel statutory structure which would provide, on equal terms, the rights and benefits enjoyed and burdens and obligations borne by married couples. The Legislature responded to the ruling by enacting P.L.2006, c.103 (C.37:1-28 et al.), which established same-sex civil unions. A "yes" vote on this proposed constitutional amendment would allow same-sex marriage. A "no" vote would leave the Constitution unchanged. Same-sex marriage would not be referred to in the Constitution.