SJR 39 Prohibits the state from imposing penalties on individuals and religious entities who refuse to participate in same sex marriage ceremonies due to sincerely held religious beliefs
Sponsor: Onder Co-Sponsor(s)
LR Number: 5268S.17P Fiscal Notes
Committee: Seniors, Families and Children
Last Action: 4/28/2016 - Reported Do Not Pass H Emerging Issues Journal Page: H2623
Title: SS#3 SJR 39 Calendar Position:
Effective Date: Upon voter approval

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Current Bill Summary

SS#3/SJR 39 - This proposed constitutional amendment, if approved by the qualified voters of this state, prohibits the state from imposing a penalty on a religious organization who acts in accordance with a sincere religious belief concerning same sex marriage, which includes the refusal to perform a same sex marriage ceremony or allow a same sex wedding ceremony to be performed on the religious organization's property.

The state cannot penalize an individual who declines to provide goods of expressional or artistic creation for a wedding ceremony because of a sincere religious belief concerning same sex marriage.

Nothing in the resolution prevents the state from providing lawful marriage licenses or other marital benefits. The resolution also does not allow a hospital to refuse to treat a marriage as valid for the purposes of a spouse's right to visitation or to make health care decisions.

Persons protected by this resolution may use the law as a claim or defense in a legal proceeding regardless of whether the state is a party in the dispute.

This resolution is similar to HJR 96 and HJR 97 (2016).