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H. 3180
STATUS INFORMATION
General Bill
Sponsors: Reps. Haskins, Leach, Littlejohn, Rice, Hinson, Walker, Sandifer and Toole
Document Path: l:\council\bills\nbd\11059ac05.doc
Companion/Similar bill(s): 45, 90, 104, 3032, 3140
Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary
Summary: Same Sex Marriage Bill
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/15/2004 House Prefiled 12/15/2004 House Referred to Committee on Judiciary 1/11/2005 House Introduced and read first time HJ-113 1/11/2005 House Referred to Committee on Judiciary HJ-114
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 HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE AND TO DEFINE MARRIAGE AS A UNION BETWEEN ONE MAN AND ONE WOMAN; 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, OR A POLITICAL SUBDIVISION 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.
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