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, Michigan Proposal 04-2 (2004) was adopted by the people of
Michigan amending the Michigan Constitution to provide that, “To secure and
preserve the benefits of marriage for our society and for future generations of
children, the union of one man and one woman in marriage shall be the only
agreement recognized as a marriage or similar union for any purpose.” M.I.
Const. art. 1, § 25 (2004); and
WHEREAS, Michigan law provides that, “Marriage is inherently a unique
relationship between a man and a woman. As a matter of public policy, this state
has a special interest in encouraging, supporting, and protecting that unique
relationship in order to promote, among other goals, the stability and welfare of
society and its children. A marriage contracted between individuals of the same
sex is invalid in this state.” Mich. Comp. Laws. Ann. § 551.1 (1996); and
WHEREAS, under Michigan law, “A man shall not marry…another man.”
[And] “a woman shall not marry…another woman,” Mich. Comp. Laws Ann. §
551.3 (1996); Mich. Comp. Laws Ann. § 551.4 (1996), furthermore, Michigan law
provides that, “marriage is a civil contract between a man and a woman,” Mich.
Comp. Laws. Ann. § 551.2 (1996); and
WHEREAS, Michigan law establishes that, “This state recognizes marriage
as inherently a unique relationship between a man and a woman, as prescribed by
section 1 of chapter 83 of the revised statutes of 1846, being section 551.1 of the
Michigan Compiled Laws, and therefore a marriage that is not between a man and
a woman is invalid in this state regardless of whether the marriage is contracted
according to the laws of another jurisdiction,” Mich. Comp. Laws Ann. § 551.272
(1996); and
WHEREAS, considering Article 1 Section 25 of the Michigan Constitution,
the Michigan Court of Appeals held that, “The people, in an act of selfgovernment, could rationally conclude that the welfare and morals of society
benefit from protecting and strengthening traditional marriages, and this act of the
people constitutes a legitimate governmental interest...[therefore] the amendment
is narrowly tailored to further the legitimate governmental interest in protecting
and strengthening the institution of marriage…[and] there is no equal protection
violation resulting from the marriage amendment,” National Pride At Work, Inc.
v. Governor of Michigan, 732 N.W.2d 139, 155 (Mich. Ct. App. 2007); 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 Michigan 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 Michigan 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.