South Carolina General Assembly
116th Session, 2005-2006

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S. 45

STATUS INFORMATION

General Bill
Sponsors: Senators Hawkins, Fair, Campsen, Bryant, Hayes, Verdin, Gregory, Alexander and Grooms
Document Path: l:\s-res\jdh\001scdo.kmm.doc
Companion/Similar bill(s): 90, 104, 3032, 3140, 3180

Introduced in the Senate on January 11, 2005
Currently residing in the Senate Committee on Judiciary

Summary: Defense of Marriage Act; Same Sex Marriage Bill

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/8/2004  Senate  Prefiled
   12/8/2004  Senate  Referred to Committee on Judiciary
   1/11/2005  Senate  Introduced and read first time SJ-102
   1/11/2005  Senate  Referred to Committee on Judiciary SJ-102
   1/26/2005  Senate  Referred to Subcommittee: Ford (ch), Hutto, Hawkins, 
                        Cleary

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/8/2004

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

A BILL

TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SAME SEX MARRIAGES, TO PROVIDE THAT THIS SECTION MAY BE CITED AS THE "SOUTH CAROLINA DEFENSE OF MARRIAGE ACT", TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE, 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 is amended to read:

"Section 20-1-15.    (A)    This section may be cited as the "South Carolina Defense of Marriage Act".

(B)    A marriage between persons of the same sex is void ab initio and against the public policy of this State.

(C)    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.

(D)    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.

(E)    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    2.    This act takes effect upon approval by the Governor.

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