PRESERVATION OF MARRIAGE
JOINT RESOLUTION
WHEREAS, the United States Supreme Court has defined the family as
“consisting in and springing from the union for life of one man and one woman in
the holy estate of matrimony; the sure foundation of all that is stable and noble in
our civilization; the best guaranty of that reverent morality which is the source of
all beneficent progress in social and political improvement,” Murphy v. Ramsey,
114 U.S. 15, 45 (1885), quoted in United States v. Bitty, 208 U.S. 393, 401 (1908); and
WHEREAS, the United States Supreme Court described marriage as “an
institution, in the maintenance of which in its purity the public is deeply
interested, for it is the foundation of the family and of society, without which there
would be neither civilization nor progress," Maynard v. Hill, 125 U.S. 190, 211
(1888); and
WHEREAS, the United States Supreme Court in 1977 stated that “the basic
foundation of the family in our society [is] the marriage relationship,” Smith v.
Org. of Foster Families For Equal. & Reform, 431 U.S. 816, 843 (1977); and
WHEREAS, Pennsylvania’s law provides:
“It is hereby declared to be the strong and longstanding public policy
of this Commonwealth that marriage shall be between one man and one woman.
A marriage between persons of the same sex which was entered into in another
state or foreign jurisdiction, even if valid where entered into, shall be void in this
Commonwealth,” 23 Pa. C.S.A. § 1704 (1996); and
“Marriage: A civil contract by which one man and one woman take each other
for husband and wife.” 23 Pa. C.S.A. § 1102 (1990) (emphasis added); and
“The family is the basic unit in society and the protection and preservation
of the family is of paramount public concern,” 23 Pa. C.S.A. § 3102 (1990); and
WHEREAS, the Supreme Court of Pennsylvania has noted that, “Marriage
exists not only for the happiness of the parties, but for the welfare of society. It is
the most important engagement that man and woman can enter into. It is the basis
of civilized society, of the home, of the family, of sound morals, and of the
domestic affection…[and] [m]arriage is a civil contract by which a man and
woman agree to take each other for husband and wife during their joint lives,
unless it is annulled by law, and to discharge toward each other the duties
imposed by law upon such relation, In Re Stevenson’s Estate, 116 A. 162, 164-65
(Pa. 1922) (quoting Supreme Court of Missouri in Topper v. Perry, 95 S. W. 203,
207 (Mo. 1906) for its civil contract description); see also Kern v. Taney, 11 Pa. D. &
C. 5th 558, 562; 571-72. (Pa. C.P. 2010) (“we find that the fundamental right to be
married does not contemplate same-sex marriages…It is not an overstatement to
say that the family is the basic unit of society. It represents one man and one
woman coming together to form one being. From this union, comes offspring.
Conversely, a same-sex relationship deviates from this traditional concept, for the
principles are like beings, without physical complement. They cannot foster
offspring, except through artificial or adoptive means”); and
WHEREAS, in 2013 the United States Supreme Court officially severed its
respect for marriage by declaring unconstitutional the Defense of Marriage Act
(DOMA) which defined marriage for federal purposes as existing between one
man and one woman, United States v. Windsor, 133 S. Ct. 2675 (2013),
NOW THEREFORE, the Legislature of the State of Pennsylvania hereby
submits the following Joint Resolution to the United States Congress entitled
Marriage Preservation Amendment to the United States Constitution.
Application to the United States Congress
to call a Convention for proposing an amendment
to the United States Constitution.
Pursuant to Article V of the United States Constitution, the Legislature of the
State of Pennsylvania by a joint resolution of the Senate and House of Representatives
hereby makes application to the United States Congress to call a Convention for
proposing the following amendment to the Constitution of the United States.
Marriage Preservation Amendment to the United States Constitution
Nothing in this Constitution or in the constitution or laws of any state
shall define or shall be construed to define marriage except as the union of one
man and one woman, and no other union shall be recognized with the legal
incidents thereof within the United States or any place subject to their
jurisdiction.