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H. 4674
STATUS INFORMATION
General Bill
Sponsors: Reps. Coates, Loftis, Viers, Simrill, Witherspoon, Quinn, Altman, Barfield, Bingham, Clark, Clemmons, Davenport, Delleney, Duncan, Herbkersman, Hinson, Leach, Littlejohn, Mahaffey, McGee, Owens, Perry, Pinson, M.A. Pitts, Richardson, Scarborough, Sinclair, G.M. Smith, G.R. Smith, J.R. Smith, Stewart, Stille, Talley, Taylor, Toole, Tripp, Trotter, Vaughn, Walker, Whitmire, Wilkins, Chellis, Hayes, Anthony, Branham, M. Hines, J. Hines, Harrell, G. Brown, J.M. Neal, Huggins, Weeks, Emory, Sandifer, Hagood, Young, Rice, E.H. Pitts and Hamilton
Document Path: l:\council\bills\nbd\12116ac04.doc
Companion/Similar bill(s): 996, 4657
Introduced in the House on February 3, 2004
Currently residing in the House Committee on Judiciary
Summary: Same sex marriages have no legal force in SC
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/3/2004 House Introduced and read first time HJ-12
2/3/2004 House Referred to Committee on Judiciary HJ-13
2/4/2004 House Member(s) request name added as sponsor: Chellis
2/5/2004 House Member(s) request name added as sponsor: Hayes, Anthony,
Branham, M.Hines, J.Hines, Harrell, G.Brown, J.M.Neal,
Huggins, Weeks
2/10/2004 House Member(s) request name added as sponsor: Emory
2/11/2004 House Member(s) request name removed as sponsor: Umphlett
2/11/2004 House Member(s) request name added as sponsor: Sandifer
2/17/2004 House Member(s) request name added as sponsor: Hagood, Young
2/19/2004 House Member(s) request name added as sponsor: Rice
2/26/2004 House Member(s) request name added as sponsor: E.H.Pitts
3/9/2004 House Member(s) request name added as sponsor: Hamilton
View the latest legislative information at the LPITS web site
VERSIONS OF THIS 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 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 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) 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 and must not be recognized by this State."
SECTION 3. This act takes effect upon approval by the Governor.
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