South Carolina General Assembly
116th Session, 2005-2006

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Indicates Matter Stricken
Indicates New Matter

A45, R51, H3133

STATUS INFORMATION

Joint Resolution
Sponsors: Reps. Delleney, Harrison, Altman, Simrill, Taylor, Vaughn, Davenport, Sandifer, Barfield, Owens, E.H. Pitts, Rice, Clark, Walker, Toole, Viers, M.A. Pitts, Vick, Littlejohn, Coates, Wilkins and Mahaffey
Document Path: l:\council\bills\nbd\111052ac05.doc
Companion/Similar bill(s): 89, 183

Introduced in the House on January 11, 2005
Introduced in the Senate on March 3, 2005
Last Amended on April 13, 2005
Passed by the General Assembly on April 26, 2005
Governor's Action: No signature required

Summary: Same Sex Marriage Bill

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/8/2004  House   Prefiled
   12/8/2004  House   Referred to Committee on Judiciary
   1/11/2005  House   Introduced and read first time HJ-92
   1/11/2005  House   Referred to Committee on Judiciary HJ-93
   1/12/2005  House   Member(s) request name added as sponsor: M.A.Pitts
    2/2/2005  House   Member(s) request name added as sponsor: Viers
   2/23/2005  House   Committee report: Favorable Judiciary HJ-3
   2/24/2005  House   Member(s) request name added as sponsor: Vick, 
                        Littlejohn, Coates
   2/24/2005          Scrivener's error corrected
    3/1/2005  House   Member(s) request name added as sponsor: Wilkins, 
                        Mahaffey
    3/1/2005  House   Read second time HJ-15
    3/1/2005  House   Roll call Yeas-96  Nays-3 HJ-17
    3/2/2005  House   Read third time and sent to Senate HJ-13
    3/3/2005  Senate  Introduced and read first time SJ-20
    3/3/2005  Senate  Referred to Committee on Judiciary SJ-20
    3/7/2005          Scrivener's error corrected
   3/17/2005  Senate  Recalled from Committee on Judiciary
   3/17/2005  Senate  Retaining place on calendar recommitted to Committee on 
                        Judiciary SJ-61
    4/6/2005  Senate  Committee report: Favorable Judiciary SJ-11
    4/7/2005  Senate  Special order, set for 04/07/05 SJ-19
   4/12/2005  Senate  Debate interrupted SJ-28
   4/13/2005  Senate  Amended SJ-24
   4/13/2005  Senate  Read second time SJ-24
   4/14/2005  Senate  Read third time and returned to House with amendments 
                        SJ-46
   4/26/2005  House   Concurred in Senate amendment and enrolled HJ-67
   4/28/2005          Ratified R 51
    5/2/2005          No signature required
    5/3/2005          Copies available
    5/3/2005          Effective date 04/28/05
    5/9/2005          Act No. 45

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/8/2004
2/23/2005
2/24/2005
3/7/2005
4/6/2005
4/13/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A45, R51, H3133)

A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT MARRIAGE BETWEEN ONE MAN AND ONE WOMAN IS THE ONLY LAWFUL DOMESTIC UNION THAT IS VALID OR RECOGNIZED IN THIS STATE AND TO PROVIDE THAT THE STATE OR ITS POLITICAL SUBDIVISIONS MAY NOT CREATE ANY OTHER DOMESTIC UNION AND MAY NOT RECOGNIZE A DOMESTIC UNION CREATED BY ANOTHER JURISDICTION.

Be it enacted by the General Assembly of the State of South Carolina:

Proposed constitutional amendment

SECTION    1.    It is proposed that Article XVII of the Constitution of this State be amended by adding:

"Section 15.    A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State. This State and its political subdivisions shall not create a legal status, right, or claim respecting any other domestic union, however denominated. This State and its political subdivisions shall not recognize or give effect to a legal status, right, or claim created by another jurisdiction respecting any other domestic union, however denominated. Nothing in this section shall impair any right or benefit extended by the State or its political subdivisions other than a right or benefit arising from a domestic union that is not valid or recognized in this State. This section shall not prohibit or limit parties, other than the State or its political subdivisions, from entering into contracts or other legal instruments.

Statement of the question

SECTION    2.    The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Article XVII of the Constitution of this State be amended by adding Section 15 so as to provide that in this State and its political subdivisions, a marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized; that this State and its political subdivisions shall not create, recognize, or give effect to a legal status, right, or claim created by another jurisdiction respecting any other domestic union, however denominated; that this amendment shall not impair any right or benefit extended by the State or its political subdivisions other than a right or benefit arising from a domestic union that is not valid or recognized in this State; and that this amendment shall not prohibit or limit the ability of parties other than the State or its political subdivisions from entering into contracts or other legal instruments?

Yes    []

No    []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Ratified the 28th day of April, 2005.

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