HomeMy WebLinkAbout7C - Resolution on Federal Marriage Amendment~~~a~~Q~~e FederaZ 1Vlar~iage
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Amendment
Agenda item: VII- C
RESOLUTION NO 947
A RESOLUTION EXPRESSING OPPOSITION TO THE
FEDERAL MARRIAGE AMENDMENT TO THE U.S.
CONSTITUTION AND SUPPORT FOR CHALLENGING OR
REPEALING COLORADO LAWS THAT PROHIBIT
ISSUANCE OF SAME SEX MARRIAGE LICENSES.
WHEREAS, Colorado's Representahve to the Uruted States Congress from the Fourth
Congressional Distnct, Marilyn Musgrave, has mtroduced the Federal Marriage Amendment, a
resolurion to amend the United States Constrtution to define marnage as between a man and a
woman, and
WHEREAS, Colorado's Uruted States Senator Wayne Allard has sponsored a compamon
bill oFthe Federal Marriage Amendment m the United States Senate, and
WH~REAS, some members of the Colorado House of Representahves of the Sixry-
Fourth General Assembly have requested that all members of Colorado delegahon to the United
States House of Representatives and the Unrted States Senate support the Federal Marriage
Amendment to the Umted States Constrtution, and
WHEREAS, amending the Umted States Conshtution ~s very rare and is only done to
address great public policy need In the 216 years smce rat~fication of the Conshtution, it has
only been amended 17 times; first to mclude the Bill of Rights (the first 10 Amendments), and
generally thereafter to protect or expand people's rights, and
WHEREAS, the proposed Federal Marr~age Amendment would not only deny marriage
to same sex couples, but could also deny any state legislature or electorate from ever vohng to
pass their own state's civil umon or marnage laws, and
WHEREAS, under the Federal Marriage Amendment, courts could be barred from
enforcmg the legal protections that a legislature provides through civil umon laws, and
WHEREAS, many of the ma~or civii nghts advances of the last century have resulted
from the ~udicial branch steppmg m to ensure that all Americans are provided equal protection
under the law From Brown v Board of Education (1954) to Loving v. Virganaa (1967) to
Lawrence and Garner v. Texas (2003), the courts have provided a necessary and conshtuhonal
check on governmental abuses of power and violations of individuai nghts, and
WHEREAS, the City of Boulder has been, and remains, committed to the protection of
civil rights for all people as expressed m the Umted States and the Colorado Constiturions and
the City of Boulder Human Rights Ordmance; and
WHEREAS, the City of Boulder provides a voluntary program of registration of
domestic partners. The domestic partnership registry is a means by which unmamed, committed
couples who share a hfe and home together may document their relationship
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OFBOULDER,COLORADO
Section 1. The Crty of Boulder has been, and remams, firmly committed to the protection
of civil rights for all people as outlmed in the City of Boulder Human Rights Ordinance.
Sechon 2 The City of Boulder recogmzes the many contributions that rts gay, lesbian,
bisexual and transgender residents have provided that have enhanced the lives of all m the
commumty
Section 3 The federal government should not mterfere m the states' powers to pernut any
two unrelated mdividuals to choose to marry and share fully and equally m the nghts,
responsibilities and commitment of civil mamage
Section 4 The City of Boulder opposes amendments to the United States Conshtution
and to the Colorado Constitut~on that would prohibit marriage between any two commrtted,
consenting, and unrelated adults
Sechon 5. The City of Boulder will contact Unrted States Senatars Allard and Nighthorse
Campbell and Representative Udall to urge them to oppose amendments to the Umted States
Conshtution that would have the effect of prohib~ting marriage between any two commrtted,
consenting, and unrelated adults
Section 6 The City of Boulder will encourage and actrvely participate wrth the County
Commissioners, County Clerk, and County Attorney, to explore and pursue ways m which the
Colorado state law prohibiring the issuance of same sex marriage hcenses can be challenged
legally or repealed legislahvely
Section 7. The City Council of the City of Boulder requests the Boulder County
Commissioners to direct the County Attorney to evaluate and advise upon the constitutionality of
Sechon 14-2-104, C R S., and, if determmed unconstitutional, to request the County Clerk to
issue marriage hcenses to any two commrtted, consentmg, and unrelated adults.
Section 8 The City urges Congress and the Colorado General Assembly to enact
leg~slation to recognize any pazr of adults who enter mto a lifetime commrtment of domestic
partnership through mamage, civil union, or otherwise, and make such pair of adults enhtled to
all relevant commercial, local, state, and federal benefits and obhgations now accrumg to parties
histoncally known as "marned couples "
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Secrion 9 The Clerk of the City of Boulder attests and affixes the seal of the City of
Boulder to this resolution.
APPROVED th~s 18`h day of May, 2004
Mayor
ATTEST:
City Clerk on behalf of the
Directar of Finance and Record
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