SENATE JOINT RESOLUTION NO. 12
(By Senators Guills, Prezioso, Boley, Sypolt, Fanning, K.
Facemyer, Hall, Plymale, Deem and Jenkins)
[Introduced March 9, 2009; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending article III thereof by adding thereto a new
section, designated section twenty-three, relating to the
marriage protection amendment; prohibiting the state from
recognizing same-sex marriages; prohibiting the state from
recognizing a legal status for relationships that is similar
to marriage; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose
of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the state at the next general election to be held in
the year 2010, or at any special election held subsequent thereto, which proposed amendment is that article III thereof be amended by
adding thereto a new section, designated section twenty-three, to
read as follows:
ARTICLE III. BILL OF RIGHTS.
§23. Marriage Protection Amendment.
Only a union between one man and one woman may be a marriage
valid in or recognized by this state and its political
subdivisions. This state and its political subdivisions shall not
create or recognize a legal status for same-sex relationships to
which is assigned the rights, benefits, obligations, qualities or
effects of marriage.
That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, such proposed amendment is hereby numbered "Amendment
No. 1" and designated as "The Marriage Protection Amendment" and
the purpose of the proposed amendment is summarized as follows:
"To amend the State Constitution to restrict marriage to one man
and one woman; and to prohibit the state from recognizing same-sex
NOTE: The purpose of this resolution is to amend the State
Constitution in order to prohibit the state from recognizing same
This section is new; therefore, strike-throughs and
underscoring have been omitted.