S 0090 General Bill, By McConnell, Moore, Knotts, Campsen, Hayes, Elliott, 
Alexander, Gregory, Fair, Grooms and Richardson

Similar(S 45, 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 AGAINST SAME SEX MARRIAGES, TO PROVIDE THAT SAME
 SEX MARRIAGES IN SOUTH CAROLINA HAVE NO LEGAL FORCE OR EFFECT; TO PROVIDE THAT
 SAME SEX MARRIAGES ENTERED INTO 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 SAME SEX
 RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL
 PROCEEDING OF THIS STATE THAT EXTENDS SUCH BENEFITS TO NONMARITAL SAME SEX
 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; TO PROVIDE THAT
 BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL SAME SEX RELATIONSHIPS IN
 ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE; AND TO
 PROVIDE THAT THE KNOWING ISSUANCE OF A MARRIAGE LICENSE TO SAME SEX COUPLES IS
 A MISDEMEANOR OFFENSE PUNISHABLE BY UP TO A ONE HUNDRED DOLLAR FINE AND THIRTY
 DAYS IMPRISONMENT, OR BOTH.

   12/15/04  Senate Prefiled
   12/15/04  Senate Referred to Committee on Judiciary
   01/11/05  Senate Introduced and read first time SJ-127
   01/11/05  Senate Referred to Committee on Judiciary SJ-127

TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST SAME SEX MARRIAGES, TO PROVIDE THAT SAME SEX MARRIAGES IN SOUTH CAROLINA HAVE NO LEGAL FORCE OR EFFECT; TO PROVIDE THAT SAME SEX MARRIAGES ENTERED INTO 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 SAME SEX RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE THAT EXTENDS SUCH BENEFITS TO NONMARITAL SAME SEX 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; TO PROVIDE THAT BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL SAME SEX RELATIONSHIPS IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE; AND TO PROVIDE THAT THE KNOWING ISSUANCE OF A MARRIAGE LICENSE TO SAME SEX COUPLES IS A MISDEMEANOR OFFENSE PUNISHABLE BY UP TO A ONE HUNDRED DOLLAR FINE AND THIRTY DAYS IMPRISONMENT, OR BOTH.

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)    A marriage between persons of the same sex is void ab initio and against the public policy of this State. Any marriage between persons of the same sex shall have no legal force or effect in this State and, if attempted to be entered into in this State, is void ab initio and shall not be recognized by this State.

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

(C)    The recognition or extension by the State of the specific statutory benefits of a legal marriage to nonmarital relationships between persons of the same sex 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 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 person 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.

(D)    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 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.

(E)    Any person who knowingly issues a marriage license to persons of the same sex in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both. Each issuance of a marriage license in violation of this section constitutes a separate offense."

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