2004 Kentucky Amendment 1

Referendum to ban same-sex marriage October 2023 February 2026 September 2023 Amendment 1 Kentucky 2004 11 02 Kentucky 1,222,125 417,097 1,795,882 2,794,286 58.7 13px|link= Yes 13px|link= No 2004 Kentucky Amendment 1 results map by county.svg County results Yes #2B2457 90–100% 1px #AAAAAA solid #28497C 80–90% 1px #AAAAAA solid #47729E 70–80% 1px #AAAAAA solid #7D9CBB 60–70% 1px #AAAAAA solid #B6C8D9 50–60% 1px #AAAAAA solid Source:KENTUCKY STATE BOARD OF ELECTIONS REPORT OF "OFFICIAL" ELECTION NIGHT TALLY RESULTS TIME OF REPORT: 09:16:22 DATE OF REPORT: 11/24/04 OFFICIAL GENERAL ELECTION RESULTS FOR UNITED STATES PRESIDENT NOVEMBER 2, 2004 Are you in favor of amending the Kentucky Constitution to provide that only a marriage between one man and one woman shall be a marriage in Kentucky, and that a legal status identical to or similar to marriage for unmarried individuals shall not be valid or recognized? Kentucky Constitutional Amendment 12004 Election Night Tally Results https://web.archive.org/web/20090304222626/http://elect.ky.gov/NR/rdonlyres/3A2A50FF-35A2-44ED-BCFD-EFA7028E14EC/0/2004state.txt 2009-03-04 , Kentucky State Board of Elections. Accessed 18 December 2006. of 2004, is an amendment to the Kentucky Constitution that made it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 75% of the voters.CNN.com Election 2004 - Ballot Measures https://web.archive.org/web/20130906065150/http://www.cnn.com/ELECTION/2004/pages/results/ballot.measures/ September 6, 2013 Accessed 30 November 2006. Text The text of the amendment states: Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.Kentucky Constitution, Section 233A https://web.archive.org/web/20070309102615/http://www.lrc.ky.gov/Legresou/Constitu/233A.htm 2007-03-09 , Kentucky Legislature. Accessed 18 December 2006. Legislative history Amendments to the Kentucky Constitution require 3/5 support in both houses of the General Assembly and a majority vote by referendum; they can not be vetoed by the governor. The amendment was first introduced in the 2004 Kentucky General Assembly as Senate Bill 245. The bill subsequently passed both houses. First Senate vote The bill was initially passed by the senate on March 11 by a 33–4 vote. House vote thumb|250px|Map of the vote #92C5DE Democratic yea (51) #0671B0 Democratic nay (10) #AAEEFF Democratic not voting (3) #F48882 Republican yea (34) #CA0120 Republican nay (1) #E9AFAF Republican not voting (1) The bill was approved by the house, with an amendment, on April 12 by a 85–11 vote. + House of Representatives vote Party Votes for Votes against Not voting Democratic Party (United States) (64) 51 10 Paul Bather Jack Coleman Jesse Crenshaw Derrick Graham Joni Jenkins Mary Lou Marzian Reginald Meeks Ruth Ann Palumbo Kathy Stein Jim Wayne 3 Republican Party (United States) (36) 34 1 Tim Feeley 1 Total (100) 85 11 4 Second Senate vote thumb|250px|Map of the vote #F48882 Republican yea (21) #CA0120 Republican nay (1) #92C5DE Democratic yea (12) #0671B0 Democratic nay (4) The bill was approved by the senate again, with the house amendment, on April 13 by a 33–5 vote. + Senate vote Party Votes for Votes against Democratic Party (United States) (16) 12 4 David Karem Gerald Neal Ernesto Scorsone Tim Shaughnessy Republican Party (United States) (22) 21 1 Lindy Casebier Total (38) 33 5 Legal challenges Kentucky Equality Federation v. Beshear On September 10, 2013, the Kentucky Equality Federation sued the Commonwealth of Kentucky in Franklin Circuit Court claiming Kentucky's 2004 Constitutional Amendment banning same-sex marriage violated sections of the commonwealth's constitution. Case # 13-CI-1074 was assigned by the Franklin County Court Clerk (the location of the Kentucky State Capitol). The lawsuit was conceived by President Jordan Palmer, written and signed by Vice President of Legal Jillian Hall, Esq. On April 16, 2015, the case was decided in favor of the plaintiff by Franklin County Circuit Court Judge Thomas D. Wingate. This provision also became void in 2015 when the U.S. Supreme Court ruled in Obergefell v. Hodges that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Results Amendment 1http://elections.gmu.edu/Turnout_2004G.html 2004 General Election Turnout Rates United States Election Project June 4, 2013 dead https://web.archive.org/web/20130709145327/http://elections.gmu.edu/Turnout_2004G.html July 9, 2013 1222125 417097 53.6 3057741 See also LGBT rights in Kentucky Same-sex marriage in Kentucky References External links The Money Behind the 2004 Marriage Amendments -- National Institute on Money in State Politics https://web.archive.org/web/20120328224424/http://www.followthemoney.org/press/ReportView.phtml?r=236&ext=17 2012-03-28 Category:U.S. state constitutional amendments banning same-sex unions Category:2004 in state law (United States) Category:2004 in LGBTQ history Category:LGBTQ history in Kentucky Category:Same-sex marriage ballot measures in the United States Category:2004 Kentucky elections Category:2004 ballot measures in the United States Category:Kentucky ballot measures Category:Marriage in Kentucky