South Carolina Legislature


 

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H*4502
Session 111 (1995-1996)


H*4502(Rat #0388, Act #0327 of 1996)  General Bill, By Simrill, B.D. Cain, Cato, 
H.M. Hallman, Haskins, R.J. Herdklotz, Meacham, Sandifer, R. Smith and Trotter

Similar(S 1151) A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section 20-1-15 so as to provide that marriages between persons of the same sex are void ab initio and against the public policy of this State; and to amend Section 20-1-10, relating to whom may contract matrimony, so as to prohibit same sex marriages.-amended title 01/25/96 House Introduced and read first time HJ-35 01/25/96 House Referred to Committee on Judiciary HJ-35 04/10/96 House Committee report: Favorable with amendment Judiciary HJ-5 04/17/96 House Objection by Rep. Scott, Cobb-Hunter, L. Whipper, Howard, Cave, Lloyd, White, Breeland, Inabinett, Klauber, Harrison, Lanford, Wells, Limbaugh & Sharpe HJ-23 04/17/96 House Objection withdrawn by Rep. Howard & Breeland HJ-56 04/24/96 House Amended HJ-480 04/24/96 House Read second time HJ-482 04/24/96 House Roll call Yeas-82 Nays-0 HJ-482 04/25/96 House Read third time and sent to Senate HJ-90 04/29/96 Senate Introduced and read first time SJ-13 04/29/96 Senate Referred to Committee on Judiciary SJ-13 05/01/96 Senate Committee report: Favorable with amendment Judiciary SJ-6 05/02/96 Senate Amended SJ-36 05/02/96 Senate Read second time SJ-36 05/02/96 Senate Unanimous consent for third reading on next legislative day SJ-37 05/03/96 Senate Read third time and returned to House with amendments SJ-50 05/08/96 House Debate adjourned on Senate amendments HJ-38 05/08/96 House Concurred in Senate amendment and enrolled HJ-47 05/14/96 Ratified R 388 05/20/96 Signed By Governor 05/20/96 Effective date 05/20/96 05/31/96 Copies available 05/31/96 Act No. 327


(A327, R388, H4502)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-15 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX ARE VOID AB INITIO AND AGAINST THE PUBLIC POLICY OF THIS STATE; AND TO AMEND SECTION 20-1-10, RELATING TO WHOM MAY CONTRACT MATRIMONY, SO AS TO PROHIBIT SAME SEX MARRIAGES.

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

Same sex marriages prohibited

SECTION 1. 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."

Men prohibited from marrying men; women prohibited from marrying women

SECTION 2. Section 20-1-10 of the 1976 Code is amended to read:

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

(B) 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, mother's sister, or another man.

(C) 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, mother's brother, or another woman."

Severability

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.

Time effective

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

Approved the 20th day of May, 1996.




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