Utah Constitutional Amendment was an amendment to the Utah state constitution that sought to define marriage as a union exclusively between a man and woman. It passed in the November 2, 2004, election, as did similar amendments in ten other states. Arguments for Amendment 3Supporters of Amendment 3 said that the amendment would do three things: Arguments against Amendment 3Those opposed to the amendment say that section one of the amendment is completely unnecessary since Utah already outlaws same-sex marriage. They also say the second part of the amendment “goes too far”. They feel that it would invalidate common law marriage as well as reducing rights to will property to whomever one chooses. Court challengeOn March 25, 2013, three same-sex couples, including one already married in Iowa, filed a lawsuit in the United States District Court for the District of Utah seeking to declare Utah’s prohibition on the recognition of same-sex marriages unconstitutional under the Due Process and Equal Protection clauses of the United States Constitution. The court heard arguments on December 4. The state argued that there was “nothing unusual” in enforcing policies that encourage “responsible procreation” and the “optimal mode of child-rearing”. Plaintiffs’ attorney contended that the policy is “based on prejudice and bias that is religiously grounded in this state”. On December 20, 2013, District Judge Robert J. Shelby struck down the same-sex marriage ban as unconstitutional and violating same-gender couples’ their rights to due process and equal protection under the Fourteenth Amendment. The ruling prevents the State from enforcing Sections 30-1-2 and 30-1-4.1 of the Utah Code and Article I, § 29 of the Utah Constitution to the extent these laws prohibit a person from marrying another person of the same sex. State Senator Jim Dabakis and his partner of 27 years were among the first same-sex couples to marry in the state. Same sex marriages were performed in Salt Lake, Washington and Cache counties on December 20. Other counties declined to grant same-sex couples their request. At least one same-sex couples planned to camp overnight at the Salt Lake County Clerk’s Office in anticipation of it opening at 8 a.m., one hour before the 9 a.m. hearing scheduled to hear a Motion for Stay submitted by the State of Utah in the 10th District Court. An Emergency Motion to Stay, which would have granted a stay pending the ruling on the stay that is the subject of a hearing scheduled for December 23, was denied December 22. Measure designAs of 2018, legislative leaders could not call the state legislature into a special session. Only the governor had the power to convene a special legislative session. The Utah Constitution provides for the legislature to meet annually for a regular 45-day session and allows the Governor to convene the legislature in a special session. Constitutional Amendment C allowed the President of the Senate and Speaker of the House of Representatives to call the legislature into session for up to 10 days through a two-thirds vote of approval of legislators in each chamber to address, according to the amendment, “a persistent fiscal crisis, war, natural disaster, or emergency in the affairs of the State.” Under the measure, at least 30 days need to pass following the adjournment of the general session for legislative leaders to call a special session. Under the measure, the legislative session is prohibited from addressing matters not outlined in the proclamation to hold a session. Amendment C required that appropriations made during a special session called by the legislature cannot be greater than 1 percent of the annual budget for the preceding fiscal year. The measure also allowed special sessions to be held at a location other than the Utah State Capitol when meeting at the capitol is not feasible due to an epidemic, disaster, foreign attack, or public catastrophe. Provisions related to state revenue and expendituresThe governor is required, under the measure, to either reduce proportionately the amount of money spent or convene a special legislative session if the state’s expenses exceed the state’s revenue for a fiscal year. Text of measureBallot titleThe ballot title for Constitutional Amendment C was as follows: Shall the Utah Constitution be amended to: Impartial analysisThe impartial analysis for Constitutional Amendment C was as follows: Constitutional Amendment C makes three main changes to the Utah Constitution. Current Provisions of the Utah ConstitutionThe current Utah Constitution provides two ways for the Legislature to meet together or convene in a session to conduct the legislative business of considering and passing laws. First, the Utah Constitution requires the Legislature to meet each year in a 45-day general session. The Constitution does not place any limits on the business that the Legislature may consider during an annual general session. Second, the Constitution authorizes the Governor to convene the Legislature into session, commonly referred to as a special session, at a time other than an annual general session for no more than 30 days. The business that the Legislature may consider during a session convened by the Governor is limited to the business specified by the Governor. Other than the annual general session and a session convened by the Governor, the Utah Constitution does not provide for the convening of the Legislature into session. Effect of Amendment CAmendment C authorizes the Legislature to be convened into session at a time other than the 45-day annual general session or when the Governor convenes the Legislature into session. The Amendment authorizes the president of the Utah Senate and the speaker of the Utah House of Representatives to convene the Legislature into session if two-thirds of all Senate and House members are in favour of convening because in their opinion a persistent fiscal crisis, war, natural disaster, or emergency in the affairs of the state requires convening. The business that the Legislature may conduct during the session is limited to the business specified in a proclamation that the Senate president and House of Representatives speaker issue to convene the session. Requirements if State Expenditures Exceed State RevenueUnder the current Utah Constitution, the Legislature authorizes the spending of state money for each fiscal year, which is a period beginning July 1 and ending the following June 30. The spending authorizations occur before the start of a fiscal year and are based on projections of future state revenue for that same period. The Legislature may not authorize more money to be spent during a fiscal year than the state is expected to receive during that period. If actual revenue during any fiscal year turns out to be less than the amount of money the Legislature previously authorized to be spent, the Governor may, in the manner and in the amounts chosen by the Governor, reduce the amount that state agencies spend. Alternatively, the Governor may, but is not required to, convene the Legislature into session to adjust the amount of money to be spent to match the amount of state revenue. Effect of Amendment CAmendment C requires the Governor to take one of two actions if the state’s expenses will exceed the state’s revenue for a fiscal year. The Governor must either reduce proportionately the amount of money spent, except for money spent for the state’s debt, or convene the Legislature into session so that the Legislature may address the revenue shortfall. Location of Legislative SessionsThe current Utah Constitution requires each 45-day annual general session of the Legislature to be held at the state capitol in Salt Lake City and does not provide any exception to that requirement. The Constitution does not currently specify the location for a session convened by the Governor. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. 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