H 3032 Session 116 (2005-2006)
H 3032 General Bill, By Coates, Pinson, G.R. Smith, Vaughn, Davenport, Sandifer,
Barfield, Owens, Leach, E.H. Pitts, Viers, Taylor, Rice, Hinson, Clark, Walker,
Simrill, Mahaffey, Toole, M.A. Pitts and Cato
Similar(S 45, S 90, S 104, 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, SO AS TO PROVIDE THAT
SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN
THIS STATE; AND TO ADD SECTION 20-1-17 SO AS 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 House Prefiled
12/08/04 House Referred to Committee on Judiciary
01/11/05 House Introduced and read first time HJ-59
01/11/05 House Referred to Committee on Judiciary HJ-59
01/12/05 House Member(s) request name added as sponsor: M.A.Pitts
01/26/05 House Member(s) request name added as sponsor: Cato
H. 3032
A BILL
TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST SAME SEX MARRIAGES, SO AS TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE; AND TO ADD SECTION 20-1-17 SO AS 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, as added by Act 327 of 1996, 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.
(B) 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."
SECTION 2. Article 1, Chapter 1, Title 20 of the 1976 Code is amended by adding:
"Section 20-1-17. (A) 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) Effect the validity of private agreements that are otherwise valid under the laws of this State.
(B) Any public act, record, or judicial proceeding of any other state, country, or other jurisdiction outside of 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 3. This act takes effect upon approval by the Governor.
----XX----
|