Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 4657
STATUS INFORMATION
General Bill
Sponsors: Reps. Haskins, Pinson, Duncan, Vaughn, Altman, Dantzler, Davenport, Hamilton, Leach, M.A. Pitts, Taylor, Walker, Wilkins, Young, Mahaffey, Coates, Sandifer, Talley, Whitmire, Hagood, Rice, Owens, G.M. Smith, Simrill, Toole, Bingham, E.H. Pitts, Viers, Chellis, Clark and G.R. Smith
Document Path: l:\council\bills\nbd\12111ac04.doc
Companion/Similar bill(s): 996, 4674
Introduced in the House on January 29, 2004
Introduced in the Senate on March 18, 2004
Last Amended on March 17, 2004
Currently residing in the Senate
Summary: Same sex marriages have no legal force in SC
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
1/29/2004 House Introduced and read first time HJ-37
1/29/2004 House Referred to Committee on Judiciary HJ-38
1/29/2004 House Member(s) request name added as sponsor: Mahaffey
2/10/2004 House Member(s) request name added as sponsor: Coates
2/11/2004 House Member(s) request name removed as sponsor: Umphlett
2/11/2004 House Member(s) request name added as sponsor: Sandifer,
Talley, Whitmire
2/17/2004 House Member(s) request name added as sponsor: Hagood
2/19/2004 House Member(s) request name added as sponsor: Rice, Owens,
G.M.Smith
2/25/2004 House Member(s) request name added as sponsor: Simrill
2/25/2004 House Committee report: Favorable with amendment Judiciary HJ-6
2/26/2004 Scrivener's error corrected
3/2/2004 House Member(s) request name added as sponsor: Toole
3/3/2004 House Requests for debate-Rep(s). Scott, JH Neal, Rutherford,
Kennedy, Cobb-Hunter, JE Smith, Hosey, Jennings, and
Whipper HJ-20
3/16/2004 House Member(s) request name added as sponsor: Bingham,
E.H.Pitts
3/17/2004 House Member(s) request name added as sponsor: Viers, Chellis,
Clark, G.R.Smith
3/17/2004 House Amended HJ-29
3/17/2004 House Read second time HJ-38
3/17/2004 House Roll call Yeas-103 Nays-7 HJ-38
3/18/2004 House Read third time and sent to Senate HJ-24
3/18/2004 Senate Introduced and read first time SJ-17
3/18/2004 Senate Referred to Committee on Judiciary SJ-17
5/13/2004 Senate Recalled from Committee on Judiciary SJ-38
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/29/2004
2/25/2004
2/26/2004
3/17/2004
5/13/2004
Indicates Matter Stricken
Indicates New Matter
RECALLED
May 13, 2004
H. 4657
Introduced by Reps. Haskins, Pinson, Duncan, Vaughn, Altman, Dantzler, Davenport, Hamilton, Leach, M.A. Pitts, Taylor, Walker, Wilkins, Young, Mahaffey, Coates, Bingham, Chellis, E.H. Pitts, Sandifer, G.M. Smith, Talley, Viers, Whitmire, Toole, G.R. Smith, Simrill, Rice, Owens, Hagood and Clark
S. Printed 5/13/04--S.
Read the first time March 18, 2004.
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 SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAS 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 Any attempted or putative union between persons of the same sex is void ab initio and against the public policy of this State.
(B) Public acts, records, judicial proceedings, licenses issued by another jurisdiction in contravention of subsection (A), or any other governmental recognition 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.
This web page was last updated on Monday, December 7, 2009 at 10:38 A.M.