HOUSE CONCURRENT RESOLUTION NO. 121
(By Delegates Blair, Anderson, Andes, Armstead, Ashley, Azinger,
Barker, Border, Cann, Canterbury, Carmichael, Cowles, Duke,
Eldridge, Ellem, Evans, Frazier, Givens, Hall, Hamilton, Hartman,
Ireland, Lane, Louisos, Martin, McGeehan, Michael, C. Miller, J.
Miller, Moye, Overington, Perdue, Perry, Porter, Romine, Ross,
Rowan, Schoen, Shaver, Shott, Skaff, Smith, Sobonya, Stowers,
Sumner, Walker, Walters and Williams)
Expressing the will of the Legislature urging Governor Manchin or
the Legislature to extend the regular session, or in the
alternative, schedule an extraordinary session for the purpose
of immediate consideration of House Joint Resolution 5 and
House Joint Resolution 24, both introduced during the 2009
Regular Session.
Whereas, Thirty states currently have constitutional language
defining marriage; and
Whereas, Some state courts, most notably Connecticut,
Massachusetts and California, and most recently Iowa, have ruled
that those states must permit same-sex marriages; and
Whereas, In states where court rulings have allowed same-sex
marriage and those state constitutions were subsequently amended to
define marriage, same-sex marriage allowed during the interim
period are now being litigated to determine their validity; and
Whereas, The West Virginia House of Delegates Committee on
Constitutional Revision has failed to consider House Joint
Resolution 5 or House Joint Resolution 24 during the 2009 Regular
Session, which both propose a constitutional amendment defining marriage as between one man and one woman and has failed to address
the same issue brought before it in previous legislative sessions;
and
Whereas, Submitting a proposed constitutional amendment
defining marriage to the people of West Virginia would afford
voters the opportunity to ratify or reject such amendment and let
their voices be heard on this issue; therefore, be it
Resolved by the Legislature of West Virginia:
That Governor Manchin or the Legislature extend the 2009
regular legislative session, or in the alternative, schedule an
extraordinary session for the purpose of immediate consideration of
House Joint Resolution 5 and House Joint Resolution 24, or other
similar resolution which would propose a constitutional amendment
defining marriage in West Virginia; and, be it
Further Resolved, That the Legislature urges the adoption of
House Joint Resolution 5 or House Resolution 24, or other similar
resolution which would propose a constitutional amendment defining
marriage in West Virginia; and, be it
Further Resolved, That following adoption of a joint
resolution defining marriage in West Virginia that such amendment
be submitted to the voters of West Virginia for ratification or
rejection as required by Article XIV, Section 2 of the West
Virginia Constitution.