relative to the right to marry. Providing that the right to marry is a fundamental civil right and that the state shall protect the right of every individual, regardless of sex, gender identity, sexual orientation, or race, to marry and to have their marriage legally recognized.

2026 Regular Session Introduced by Billie Butler and 4 co-sponsors

Turns marriage into a fundamental civil right, requiring the state to protect and recognize all marriages regardless of sex, gender identity, sexual orientation, or race.

Inexpedient to Legislate: MA RC 176-162 03/12/2026 HJ 8 P. 105

Overview

CACR 25 is a proposed constitutional amendment intended to enshrine the right to marry as a fundamental civil right. It would require the state to protect the right of every individual to marry and to have their marriage legally recognized, without distinction based on sex, gender identity, sexual orientation, or race. The bill is classified as a constitutional amendment.

Purpose and Intent

Establish marriage as a fundamental civil right under the state constitution.

Ensure ongoing state protection of the right to marry and the legal recognition of marriages regardless of:

sex
gender identity
sexual orientation
race

Align the state constitution with principles of equal protection and non-discrimination in the area of marriage.

Key Provisions (as described)

The right to marry is designated as a fundamental civil right.

The state must protect the right to marry for all individuals.

The right to have a marriage legally recognized shall be guaranteed for all marriages, irrespective of the above characteristics (sex, gender identity, sexual orientation, race).

As a constitutional amendment, these protections would be harder to alter than ordinary statute.

Who Is Affected

Individuals seeking to marry within the state.

Married couples seeking legal recognition of their marriage.

LGBTQ+ individuals, same-sex couples, and people of diverse gender identities who could face marriage-related legal issues under prior or future laws.

State government agencies and courts, which would be required to uphold and enforce the protected right.

Procedural and Timeline Details

Introduced: December 1, 2025.

Status: To be Introduced on January 7, 2026, and referred to the Judiciary committee for consideration.

As a constitutional amendment, the bill would typically require passage by the state legislature (often a supermajority) and, if approved, submission to voters in a statewide ballot for ratification. The exact process (e.g., required voting thresholds, whether a second legislative session is needed, and ballot timing) would depend on the state’s constitutional and statutory rules.

Potential Impacts and Considerations

Strengthens constitutional protections for marriage equality and related legal recognitions.

Could influence how existing marriage-related statutes and regulations are interpreted and applied by courts and agencies.

May affect future policy debates on family law, anti-discrimination measures, and related civil rights issues.

Legal and administrative planning for state agencies to ensure compliance with the entrenched equal-rights standard for marriage.

This summary focuses on the substantive aims and effects of CACR 25 and outlines the key procedural steps and likely implications for individuals and state government.

Bill