Text of AL HB 320 (2005)

Page 0 HB320 1 71444-1 2 By Representatives Allen, Galliher, Albritton, Greeson, Thomas 3 (E), Oden, Clouse, Hammon, Ison, McMillan, Brewbaker, Love, 4 Bentley, McClendon, Greer, Wood, Hubbard, McClurkin, Hill, 5 Morton, Humphryes, Beason, Ball, Payne, Carns, Sanderford, 6 Gipson, Faust, Gaston, Williams (J), Williams (N) and Collier 7 (Constitutional Amendment) 8 RFD: Constitution and Elections 9 First Read: 08-FEB-05 10 Page 1 71444-1:n:02/02/2005:JRC/LRS2005-625 1 2 3 4 5 6 7 SYNOPSIS: This bill would propose an amendment to the 8 Constitution of Alabama of 1901, to provide further 9 for the definition of marriage as a legal union of 10 one man and one woman as husband and wife and that 11 marriage between persons of the same sex is 12 prohibited. 13 14 A BILL 15 TO BE ENTITLED 16 AN ACT 17 18 To propose an amendment to the Constitution of 19 Alabama of 1901, to provide further for the definition of 20 marriage as a legal union of one man and one woman as husband 21 and wife, to provide that marriage between persons of the same 22 sex is prohibited, and to provide that the extension of 23 specific legal benefits of legal marriage to nonmarital 24 relationships between persons of the same sex or different 25 sexes shall be considered and treated in all respects as 26 having no legal force or effect in this state. 27 Page 2 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 1 Section 1. The following amendment to the 2 Constitution of Alabama of 1901, as amended, is proposed and 3 shall become valid as a part thereof when approved by a 4 majority of the qualified electors voting thereon and in 5 accordance with Sections 284, 285, and 287 of the Constitution 6 of Alabama of 1901, as amended: 7 PROPOSED AMENDMENT 8 (a) This amendment shall be known and may be cited 9 as the Alabama Marriage Amendment. 10 (b) The Legislature finds that marriage is 11 inherently a unique relationship between a man and a woman. As 12 a matter of public policy, this state has a special interest 13 in encouraging, supporting, and protecting the unique 14 relationship in order to promote, among other goals, the 15 stability and welfare of society and its children. 16 (c) In this state, a marriage may only be entered 17 into by one man and one woman as husband and wife. 18 (d) In this state, a relationship between persons of 19 the same sex shall not be construed as a common law marriage. 20 (e) In determining the meaning of any act of the 21 Legislature, or of any ruling, regulation, or interpretation 22 of the various administrative agencies of the state, the term 23 "marriage" means the legal union of one man and one woman as 24 husband and wife, and the term "spouse" refers only to a 25 person of the opposite sex who is a husband or wife. 26 Page 3 (f) Marriage between persons of the same sex is 1 prohibited in this state. Any such marriage is against the 2 strong policy of this state. Any such marriage shall have no 3 legal force or effect in this state and, if attempted to be 4 entered into in this state, is void ab initio and shall not be 5 recognized by this state. Any such marriage entered into in 6 any other jurisdiction shall be considered and treated in all 7 respects as having no legal force or effect in this state and 8 shall not be recognized by this state. 9 (g) The recognition or extension by the state of 10 specific legal benefits of a "legal marriage" to nonmarital 11 relationships between persons of the same sex or different 12 sexes is against the strong public policy of this state. Any 13 public act, record, or judicial proceeding of this state that 14 extends specific benefits of legal marriage to nonmarital 15 relationships between persons of the same sex or different 16 sexes is void ab initio. Any public act, record, or judicial 17 proceeding of any other state, country, or other jurisdiction 18 outside this state that extends specific legal benefits of 19 legal marriage to nonmarital relationships between persons of 20 the same sex or different sexes shall be considered and 21 treated in all respects as having no legal force or effect in 22 this state and shall not be recognized by this state. 23 Section 2. An election upon the proposed amendment 24 shall be held on the date of the next General Election and 25 shall be held in accordance with Sections 284 and 285 of the 26 Page 4 Constitution of Alabama of 1901, as amended, and the election 1 laws of this state. 2 Section 3. The appropriate election official shall 3 assign a ballot number for the proposed constitutional 4 amendment on the election ballot and shall set forth the 5 following description of the substance or subject matter of 6 the proposed constitutional amendment: 7 "Proposing an amendment to the Constitution of 8 Alabama of 1901, to provide further for the definition of 9 marriage as a legal union of one man and one woman as husband 10 and wife, to provide that marriage between persons of the same 11 sex is prohibited, and to provide that the extension of 12 specific legal benefits of legal marriage to nonmarital 13 relationships between persons of the same sex or different 14 sexes shall be considered and treated in all respects as 15 having no legal force or effect in this state. 16 "Proposed by Act ________." 17 This description shall be followed by the following 18 language: 19 "Yes ( ) No ( )." 20