Text of AL HB 414 (2004)

Page 0 HB414 1 63681-2 2 By Representatives Allen, Albritton, Hammon, Glover, Beason, 3 Love, Grimes, Humphryes, Gaston, Bridges, Laird, Hubbard, 4 McClurkin, McClendon, Gaines, Galliher, Hill, Ward, Wood, 5 Barton, Ison, Davis, Brewbaker, Clouse, Johnson, Beck, Faust, 6 Collier, Gipson, Millican, Greer, Sanderford, Carns, Payne, 7 Ball, Garner, Greeson, Oden and Bentley (Constitutional 8 Amendment) 9 RFD: Constitution and Elections 10 First Read: 12-FEB-04 11 Page 1 63681-2:n:02/12/2004:LLR/mfp LRS2004-994R1 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 prohibit a relationship 14 between persons of the same sex from being 15 construed as a common law marriage. 16 17 A BILL 18 TO BE ENTITLED 19 AN ACT 20 21 Proposing an amendment to the Constitution of 22 Alabama of 1901, to provide findings and declarations of the 23 Legislature pertaining to same sex marriages; to prohibit a 24 court of this state from issuing any interpretation of the 25 prohibition against the recognition of same sex marriage; and 26 Page 2 to prohibit a relationship between persons of the same sex 1 from being construed as a common law marriage. 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 Part 1. (a) The people of the State of Alabama 11 hereby find and declare the following: 12 (1) Marriage is a fundamental institution of our 13 society, our state, and our government. Within the bonds of 14 marriage, children are entitled to be brought forth and reared 15 by a father and a mother. This state retains an interest in 16 preserving and fostering marriage between a man and a woman, 17 for without the institution of marriage no society or 18 government can long endure. 19 (2) Therefore, in consequence of the above, the 20 State of Alabama should no longer recognize "common law" 21 marriages. 22 (3) A marriage should always be defined to consist 23 of a legally binding union, performed under the authority of a 24 sovereign state, of one man and one woman. 25 (4) Family relationships are derived from the 26 marriage union. 27 Page 3 (5) A union replicating marriage of or between 1 persons of the same sex in any other jurisdiction shall be 2 considered and treated in all respects as having no legal 3 force or effect in this state and would not be recognized by 4 this state as a marriage. 5 (6) Marriage is inherently a unique relationship 6 between a man and a woman. As a matter of public policy, this 7 state has a special interest in encouraging, supporting, and 8 protecting the unique relationship in order to promote, among 9 other goals, the stability and welfare of society and its 10 children. A marriage contracted between individuals of the 11 same sex is invalid in this state. 12 Part II. (a) No marriage license shall be issued in 13 the State of Alabama to parties of the same sex. 14 (b) The State of Alabama shall not recognize as 15 valid any marriage of parties of the same sex that occurred or 16 was alleged to have occurred as a result of the law of any 17 jurisdiction regardless of whether a marriage license was 18 issued. 19 (c) The courts of this state may not issue any 20 interpretation of this amendment that would change or have the 21 effect of changing the meaning of this amendment. 22 Part III. (a) A relationship between persons of the 23 same sex may not be construed as a common law marriage in this 24 state. 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. An election upon the proposed amendment 7 shall be held in accordance with Sections 284 and 285 of the 8 Constitution of Alabama of 1901, as amended, and the election 9 laws of this state at the next general election. 10 Section 3. The appropriate election official shall 11 assign a ballot number for the proposed constitutional 12 amendment on the election ballot and shall set forth the 13 following description of the substance or subject matter of 14 the proposed constitutional amendment: 15 "Proposing an amendment to the Constitution of 16 Alabama of 1901, to provide findings and declarations of the 17 Legislature pertaining to same sex marriages; to prohibit a 18 court of this state from issuing any interpretation of the 19 prohibition against the recognition of same sex marriage; and 20 to prohibit a relationship between persons of the same sex 21 from being construed as a common law marriage. 22 "Proposed by Act ________." 23 This description shall be followed by the following 24 language: 25 "Yes ( ) No ( )." 26