H 3140 General Bill, By Altman, G.R. Smith, Coates, Barfield, Viers, Mahaffey, 
Sandifer and Clark

Similar(S 45, S 90, S 104, H 3032, 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, SO AS TO PROVIDE THAT ANY
 ATTEMPTED UNION BETWEEN PERSONS OF THE SAME SEX IS VOID, TO PROVIDE THAT SAME
 SEX MARRIAGES IN ANY OTHER JURISDICTION HAS NO LEGAL FORCE OR EFFECT IN THIS
 STATE OR ITS POLITICAL SUBDIVISIONS; AND TO ADD SECTION 20-1-17 SO AS TO
 PROVIDE THAT IT IS AGAINST THE STRONG PUBLIC POLICY OF THIS STATE AND ITS
 POLITICAL SUBDIVISIONS TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL
 MARRIAGE TO NONMARITAL RELATIONSHIPS; TO PROVIDE THAT ANY PUBLIC ACT, RECORD,
 OR JUDICIAL PROCEEDING OF THIS STATE OR ITS POLITICAL SUBDIVISIONS THAT
 EXTENDS SUCH BENEFITS TO NONMARITAL RELATIONSHIPS IS VOID; 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 OR ITS POLITICAL
 SUBDIVISIONS.

   12/08/04  House  Prefiled
   12/08/04  House  Referred to Committee on Judiciary
   01/11/05  House  Introduced and read first time HJ-95
   01/11/05  House  Referred to Committee on Judiciary HJ-95
   01/26/05  House  Member(s) request name added as sponsor: Clark

TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SAME SEX MARRIAGES, SO AS TO PROVIDE THAT ANY ATTEMPTED UNION BETWEEN PERSONS OF THE SAME SEX IS VOID, TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAS NO LEGAL FORCE OR EFFECT IN THIS STATE OR ITS POLITICAL SUBDIVISIONS; AND TO ADD SECTION 20-1-17 SO AS TO PROVIDE THAT IT IS AGAINST THE STRONG PUBLIC POLICY OF THIS STATE AND ITS POLITICAL SUBDIVISIONS TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL MARRIAGE TO NONMARITAL RELATIONSHIPS; TO PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE OR ITS POLITICAL SUBDIVISIONS THAT EXTENDS SUCH BENEFITS TO NONMARITAL RELATIONSHIPS IS VOID; 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 OR ITS POLITICAL SUBDIVISIONS.

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 Any attempted or putative union between persons of the same sex is void ab initio and against the public policy of this State.

(B)    All public acts, records, judicial proceedings, or licenses issued by any other jurisdiction in contravention of subsection (A) are of no legal force or effect, void ab initio, and will not be recognized by this State or its political subdivisions in accordance with the strong public policy of South Carolina.

(C)    Marriage in this State and its political subdivisions is exclusively defined as a union between one man and one woman."

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 or its political subdivisions 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 and its political subdivisions. Any public act, record, or judicial proceeding of this State or its political subdivisions 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.

(B)    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 or its political subdivisions and must not be recognized by this State or its political subdivisions."

SECTION    3.    This act takes effect upon approval by the Governor.