Text of AL HB 283 (2004)

Page 0 HB283 1 62937-2 2 By Representatives Allen, Clouse, Davis, Faust, Grimes, 3 Hammon, Bentley, Layson, Boothe, Vance, McDaniel, Hill and 4 Galliher (Constitutional Amendment) 5 RFD: Constitution and Elections 6 First Read: 05-FEB-04 7 Page 1 62937-2:n:02/04/2004:LLR/agb LRS2004-614R1 1 2 3 4 5 6 7 SYNOPSIS: This bill would propose an amendment to the 8 Constitution of Alabama of 1901, to provide 9 findings and declarations of the Legislature 10 pertaining to same sex marriages; to prohibit a 11 court of this state from issuing any interpretation 12 of the prohibition against the recognition of same 13 sex marriage; and to abolish common law marriages 14 in this state. 15 16 A BILL 17 TO BE ENTITLED 18 AN ACT 19 20 Proposing an amendment to the Constitution of 21 Alabama of 1901, to provide findings and declarations of the 22 Legislature pertaining to same sex marriages; to prohibit a 23 court of this state from issuing any interpretation of the 24 prohibition against the recognition of same sex marriage; and 25 to abolish common law marriages in this state. 26 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 27 Page 2 Section 1. The following amendment to the 1 Constitution of Alabama of 1901, as amended, is proposed and 2 shall become valid as a part thereof when approved by a 3 majority of the qualified electors voting thereon and in 4 accordance with Sections 284, 285, and 287 of the Constitution 5 of Alabama of 1901, as amended: 6 PROPOSED AMENDMENT 7 Part 1. (a) The people of the State of Alabama 8 hereby find and declare the following: 9 (1) Marriage is a fundamental institution of our 10 society, our state, and our government. Within the bonds of 11 marriage, children are entitled to be brought forth and reared 12 by a father and a mother. This state retains an interest in 13 preserving and fostering marriage between a man and a woman, 14 for without the institution of marriage no society or 15 government can long endure. 16 (2) Therefore, in consequence of the above, the 17 State of Alabama should no longer recognize "common law" 18 marriages. 19 (3) A marriage should always be defined to consist 20 of a legally binding union, performed under the authority of a 21 sovereign state, of one man and one woman. 22 (4) Family relationships are derived from the 23 marriage union. 24 (5) A union replicating marriage of or between 25 persons of the same sex in any other jurisdiction shall be 26 considered and treated in all respects as having no legal 27 Page 3 force or effect in this state and would not be recognized by 1 this state as a marriage. 2 (6) Marriage is inherently a unique relationship 3 between a man and a woman. As a matter of public policy, this 4 state has a special interest in encouraging, supporting, and 5 protecting the unique relationship in order to promote, among 6 other goals, the stability and welfare of society and its 7 children. A marriage contracted between individuals of the 8 same sex is invalid in this state. 9 Part II. (a) No marriage license shall be issued in 10 the State of Alabama to parties of the same sex. 11 (b) The State of Alabama shall not recognize as 12 valid any marriage of parties of the same sex that occurred or 13 was alleged to have occurred as a result of the law of any 14 jurisdiction regardless of whether a marriage license was 15 issued. 16 (c) The courts of this state may not issue any 17 interpretation of this amendment that would change or have the 18 effect of changing the meaning of this amendment. 19 Part III. (a) No marriage contracted after January 20 1, 2005, shall be valid unless the contracting parties have 21 obtained a marriage license as required by law, and after the 22 license has been duly issued, the marriage has been solemnized 23 by any person authorized by the law of this state to solemnize 24 marriages. 25 (b) The requirements of subsection (a) shall be 26 construed as mandatory and not merely directory and failure to 27 Page 4 comply with the requirements of subsection (a) shall render 1 the purported marriage absolutely void. 2 (c) Nothing contained in this section shall be 3 construed to affect the validity of any marriage, either 4 ceremonial or common law, contracted prior to the ratification 5 of this amendment. 6 Section 2. The appropriate election official shall 7 assign a ballot number for the proposed constitutional 8 amendment on the election ballot and shall set forth the 9 following description of the substance or subject matter of 10 the proposed constitutional amendment: 11 "Proposing an amendment to the Constitution of 12 Alabama of 1901, to provide findings and declarations of the 13 Legislature pertaining to same sex marriages; to prohibit a 14 court of this state from issuing any interpretation of the 15 prohibition against the recognition of same sex marriage; and 16 to abolish common law marriages in this state. 17 "Proposed by Act ________." 18 This description shall be followed by the following 19 language: 20 "Yes ( ) No ( )." 21