Constitutional Amendment 3 of 2004, is a so-called "defense of marriage amendment" that amended the Arkansas Constitution to make it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 75% of the voters.
The text of the amendment states:
- 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 immunities. The 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.
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