Text of AL HB 1 (2005)

Page 0 HB1 1 68929-1 2 By Representative Allen (Constitutional Amendment) 3 RFD: Constitution and Elections 4 First Read: 01-FEB-05 5 PFD: 12/08/2004 6 Page 1 68929-1:n:06/03/2004:JRC/th LRS2004-2796 1 2 3 4 5 6 7 SYNOPSIS: Under the Alabama Marriage Protection Act, 8 the State of Alabama does not recognize a marriage 9 of parties of the same sex. 10 This bill would propose an amendment to the 11 Constitution of Alabama of 1901, to provide that no 12 marriage license shall be issued in Alabama to 13 parties of the same sex and that the state shall 14 not recognize a marriage of parties of the same sex 15 that occurred as a result of the law of any other 16 jurisdiction. 17 18 A BILL 19 TO BE ENTITLED 20 AN ACT 21 22 To propose an amendment to the Constitution of 23 Alabama of 1901, to provide that no marriage license shall be 24 issued in Alabama to parties of the same sex and that the 25 state shall not recognize a marriage of parties of the same 26 Page 2 sex that occurred as a result of the law of any other 1 jurisdiction. 2 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 3 Section 1. The following amendment to the 4 Constitution of Alabama of 1901, as amended, is proposed and 5 shall become valid as a part thereof when approved by a 6 majority of the qualified electors voting thereon and in 7 accordance with Sections 284, 285, and 287 of the Constitution 8 of Alabama of 1901, as amended: 9 PROPOSED AMENDMENT 10 (a) Marriage is inherently a unique relationship 11 between a man and a woman. As a matter of public policy, this 12 state has a special interest in encouraging, supporting, and 13 protecting this unique relationship in order to promote, among 14 other goals, the stability and welfare of society and its 15 children. A marriage contracted between individuals of the 16 same sex is invalid in this state. 17 (b) Marriage is a sacred covenant, solemnized 18 between a man and a woman, which, when the legal capacity and 19 consent of both parties is present, establishes their 20 relationship as husband and wife, and which is recognized by 21 the state as a civil contract. 22 (c) No marriage license shall be issued in the State 23 of Alabama to parties of the same sex. 24 (d) The State of Alabama shall not recognize as 25 valid any marriage of parties of the same sex that occurred or 26 is alleged to have occurred as a result of the law of any 27 Page 3 other jurisdiction regardless of whether a marriage license 1 was issued. 2 (e) The State of Alabama shall not recognize as 3 valid any common law marriage of parties of the same sex. 4 (f) A union replicating marriage of or between 5 persons of the same sex in any other jurisdiction shall be 6 considered and treated in all respects as having no legal 7 force or effect in this state and would not be recognized by 8 this state as a marriage. 9 Section 2. An election upon the proposed amendment 10 shall be held in conjunction with the 2006 Primary Election 11 and shall be held in accordance with Sections 284 and 285 of 12 the Constitution of Alabama of 1901, as amended, and the 13 election laws of this state. 14 Section 3. The appropriate election official shall 15 assign a ballot number for the proposed constitutional 16 amendment on the election ballot and shall set forth the 17 following description of the substance or subject matter of 18 the proposed constitutional amendment: 19 "Proposing an amendment to the Constitution of 20 Alabama of 1901, to provide that no marriage license shall be 21 issued in Alabama to parties of the same sex and that the 22 state shall not recognize a marriage of parties of the same 23 sex that occurred as a result of the law of any other 24 jurisdiction. 25 "Proposed by Act ________." 26 Page 4 This description shall be followed by the following 1 language: 2 "Yes ( ) No ( )." 3