The following proposal (see Senate, No. 5 of 2005), having received, in joint session, the affirmative votes of a majority of all members elected to the preceding General Court [see House, No. 3190, amended of 2003], has been referred, in accordance with Article XLVIII of the Amendments to the Constitution, to the present General Court. |
A majority of all the members elected to the Senate and of Representatives, in joint session, hereby declares it to be expedient to alter the Constitution by the adoption of the following Article of Amendment, to the end that it may become a part of the Constitution [if similarly agreed to in a joint session of General Court and approved by the people at the state next following]:
ARTICLE OF AMENDMENT.
The unified purpose of this Article is both to define the institution of civil marriage and to establish civil unions to provide same-sex persons with entirely the same benefits, protections, rights, privileges and obligations as are afforded to married persons, while recognizing that under present federal law same-sex persons in civil unions will be denied federal benefits available to married persons.
It being the public policy of this commonwealth to protect the unique relationship of marriage, only the union of one man and one woman shall be valid or recognized as a marriage in the commonwealth. Two persons of the same sex shall have the right to form a civil union if they otherwise meet the requirements set forth by law for marriage. Civil unions for same sex persons are established by this Article and shall provide entirely the same benefits, protections, rights, privileges and obligations that are afforded to persons married under the law of the commonwealth. All laws applicable to marriage shall also apply to civil unions.
This Article is self-executing, but the general court may enact laws not inconsistent with anything herein contained to carry out the purpose of this Article.