S 1151 General Bill, By Fair, Hayes and M.T. Rose

Similar(H 4502)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 20-1-85 so as to provide that marriages between persons of the same sex valid
 in another state are void in South Carolina.

   02/15/96  Senate Introduced and read first time SJ-11
   02/15/96  Senate Referred to Committee on Judiciary SJ-11
   04/10/96  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Judiciary SJ-12

COMMITTEE REPORT

April 10, 1996

S. 1151

S. Printed 4/10/96--S.

Read the first time February 15, 1996.

To whom was referred a Bill (S. 1151), to amend the Code of Laws of South Carolina, 1976, by adding Section 20-1-85 so as to provide that marriages, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. Section 20-1-10 of the 1976 Code is amended to read:

"Section 20-1-10. All persons, except mentally incompetent persons, and persons whose marriage is prohibited by this section, may lawfully contract matrimony.

No man shall marry his mother, grandmother, daughter, granddaughter, stepmother, sister, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister, or mother's sister, or another man.

No woman shall marry her father, grandfather, son, grandson, stepfather, brother, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother, or mother's brother, or another woman."

SECTION 2. The 1976 Code is amended by adding:

"Section 20-1-15. A marriage between persons of the same sex is void ab initio and against the public policy of this State."

SECTION 3. If any provision of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable.

SECTION 4. This act takes effect upon approval by the Governor./

Amend title to conform.

Majority favorable. Minority unfavorable.

C. TYRONE COURTNEY MAGGIE W. GLOVER

For Majority. For Minority.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 20-1-85. Notwithstanding any other provision of law including case law, marriages between persons of the same sex valid in another state are void in this State."

SECTION 2. This act takes effect upon approval by the Governor.