Marriage Amendment
AMENDMENT TEXT
1. Marriage Marriage consists only of the union of one man and one woman.
2. Marital Status
Legal status for unmarried persons which is identical or substantially similar to marital status shall not be valid or recognized in Arkansas, except that the legislature may recognize a common law marriage from another state between a man and a woman.
3. Capacity, rights, obligations, privileges, and immunitiesThe Legislature has the power to determine the capacity of persons to marry, subject to this amendment, and the legal rights, obligations, privileges, and immunities of marriage.
ELECTION RESULTSTS
| Year | Votes In Favor | Votes In Favor % | Votes Against | Votes Against % |
|---|---|---|---|---|
| 2004 | 746382
| 75 | 248827 | 25 |
STATUTE
Ark. Code Ann. § 9-11-107
§ 9-11-107. Validity of foreign marriages
- All marriages contracted outside this state which would be valid by the laws of the state or country in which the marriages were consummated and in which the parties then actually resided shall be valid in all the courts in this state.
- This section shall not apply to a marriage between persons of the same sex.
Acts of 1997, Act 144, § 2.
Ark. Code Ann. § 9-11-109
Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void.
Acts of 1997, Act 144, § 1.
Ark. Code Ann. § 9-11-208
§ 9-11-208. Age requirement
Repealed by Acts of 2007, Act 441, § 3, eff. July 31, 2007.
It shall be the declared public policy of the State of Arkansas to recognize the marital union only of man and woman. No license shall be issued to persons to marry another person of the same sex and no same-sex marriage shall be recognized as entitled to the benefits of marriage.
Marriages between persons of the same sex are prohibited in this state. Any marriage entered into by persons of the same sex, where a marriage license is issued by another state or by a foreign jurisdiction, shall be void in Arkansas and any contractual or other rights granted by virtue of that license, including its termination, shall be unenforceable in the Arkansas courts.
However, nothing in this section shall prevent an employer from extending benefits to persons who are domestic partners of employees.
Acts of 1941, Act 404, § 2; Acts of 1997, Act 146, § 1; Acts of 2007, Act 441, § 3, eff. July 31, 2007.
Same-Sex Marriage
There is no additional data regarding same-sex marriage in Arkansas at this time.Domestic Partnerships
There is no additional data regarding domestic partnerships in Arkansas at this time.Civil Unions
There is no additional data regarding civil unions in Arkansas at this time.pro marriage organizations
Arkansas Family Council
Visit the Arkansas Family Council online at:
ABOUT:
Family Council was established by Jerry Cox in 1989 as part of a nationwide network of State Family Policy Councils associated with Focus on the Family. Our office is located in Little Rock, but our network of over 10,000 families and churches covers every part of Arkansas. Our mission of promoting, protecting, and strengthening traditional family values is at the core of all we do.
Pro-Life We are at the forefront of the fight to protect the sanctity of human life from conception until natural death. Over the years, we have secured passage of legislation to prevent partial-birth abortions, prevent the cloning of human embryos, prevent abortions without parental consent, prevent abortions without informed consent, and made physician-assisted suicide illegal. In addition we have worked to uphold the rights of nursing home patients and others in long-term care facilities.
Pro-Marriage Family Council is a leader in the fight to protect marriage. In 2004 we formed the Arkansas Marriage Amendment Committee and, after gathering over 200,000 petition signatures, we worked for the successful passage of a State Constitutional Amendment that defines marriage as the union of one man and one woman. The amendment passed with 75% of the vote.
Pro-Family Family Council is a leader in protecting the welfare of foster and adoptive children. In 2008 we worked with the Family Council Action Committee to secure passage of a state law that prevents adoptive or foster children from being placed with unmarried couples—gay or straight. The measure passed with 57% of the vote statewide. In addition, we have been a vocal opponent of the Arkansas Lottery and other forms of gambling.
Learn more about Arkansas Family Council by visiting their website.