S 0045 General Bill, By Hawkins, Fair, Campsen, Bryant, Hayes, Verdin, Gregory, 
Alexander and Grooms

Similar(S 90, S 104, H 3032, H 3140, H 3180)
 A BILL TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE PROHIBITION OF SAME SEX MARRIAGES, TO PROVIDE THAT THIS
 SECTION MAY BE CITED AS THE "SOUTH CAROLINA DEFENSE OF MARRIAGE ACT", TO
 PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAVE NO LEGAL FORCE
 OR EFFECT IN THIS STATE, TO PROVIDE THAT IT IS AGAINST PUBLIC POLICY TO EXTEND
 OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL MARRIAGE TO NONMARITAL
 RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL
 PROCEEDING OF THIS STATE THAT EXTENDS SUCH BENEFITS TO NONMARITAL
 RELATIONSHIPS HAS NO LEGAL FORCE OR EFFECT IN THIS STATE, TO PROVIDE
 EXCEPTIONS FOR BENEFITS ENJOYED BY ALL PERSONS, MARRIED OR UNMARRIED, AND FOR
 PRIVATE AGREEMENTS VALID UNDER THE LAWS OF THIS STATE, AND TO PROVIDE THAT
 BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL RELATIONSHIPS IN ANOTHER
 JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE.

   12/08/04  Senate Prefiled
   12/08/04  Senate Referred to Committee on Judiciary
   01/11/05  Senate Introduced and read first time SJ-102
   01/11/05  Senate Referred to Committee on Judiciary SJ-102
   01/26/05  Senate Referred to Subcommittee: Ford (ch), Hutto,
                     Hawkins, Cleary

TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SAME SEX MARRIAGES, TO PROVIDE THAT THIS SECTION MAY BE CITED AS THE "SOUTH CAROLINA DEFENSE OF MARRIAGE ACT", TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE, TO PROVIDE THAT IT IS AGAINST PUBLIC POLICY TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL MARRIAGE TO NONMARITAL RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE THAT EXTENDS SUCH BENEFITS TO NONMARITAL RELATIONSHIPS HAS NO LEGAL FORCE OR EFFECT IN THIS STATE, TO PROVIDE EXCEPTIONS FOR BENEFITS ENJOYED BY ALL PERSONS, MARRIED OR UNMARRIED, AND FOR PRIVATE AGREEMENTS VALID UNDER THE LAWS OF THIS STATE, AND TO PROVIDE THAT BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL RELATIONSHIPS IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE.

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

SECTION    1.    Section 20-1-15 of the 1976 Code is amended to read:

"Section 20-1-15.    (A)    This section may be cited as the "South Carolina Defense of Marriage Act".

(B)    A marriage between persons of the same sex is void ab initio and against the public policy of this State.

(C)    Any marriage entered into by persons of the same sex in any other jurisdiction must be considered and treated in all respects as having no legal force or effect in this State and must not be recognized by this State.

(D)    The recognition or extension by this State of the specific statutory benefits of a legal marriage to nonmarital relationships between persons of the same sex or different sexes is against the strong public policy of this State. Any public act, record, or judicial proceeding of this State that extends the specific statutory benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes is void ab initio. Nothing in this subsection may be construed to:

(1)    prohibit the extension of specific benefits otherwise enjoyed by all persons, married or unmarried, to nonmarital relationships between persons of the same sex or different sexes, including the extension of benefits conferred by any statute that is not expressly limited to married persons;

(2)    affect the validity of private agreements that are otherwise valid under the laws of this State.

(E)    Any public act, record, or judicial proceeding of any other state, country, or other jurisdiction outside this State that extends the specific benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes must be considered and treated in all respects as having no legal force or effect in this State and must not be recognized by this State."

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