Text of AL HB 59 (2005)

Page 0 HB59 1 71096-3 2 By Representatives Salaam, Guin, Boothe, Schmitz, Clark, 3 Graham, Carothers, Dukes, Grantland, Venable, Melton, Sherer, 4 Boyd, Lindsey, Spicer, Vance, Laird, Thigpen, Perdue, 5 McDaniel, McLaughlin, Hurst, Martin and Millican 6 (Constitutional Amendment) 7 RFD: Constitution and Elections 8 First Read: 01-FEB-05 9 PFD: 01/26/2005 10 Page 1 ENGROSSED 1 2 3 A BILL 4 TO BE ENTITLED 5 AN ACT 6 7 To propose an amendment to the Constitution of 8 Alabama of 1901, to provide that no marriage license shall be 9 issued in Alabama to parties of the same sex and that the 10 state shall not recognize a marriage of parties of the same 11 sex that occurred as a result of the law of any other 12 jurisdiction. 13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 14 Section 1. The following amendment to the 15 Constitution of Alabama of 1901, as amended, is proposed and 16 shall become valid as a part thereof when approved by a 17 majority of the qualified electors voting thereon and in 18 accordance with Sections 284, 285, and 287 of the Constitution 19 of Alabama of 1901, as amended: 20 PROPOSED AMENDMENT 21 (a) This amendment shall be known and may be cited 22 as the Sanctity of Marriage Amendment. 23 (b) Marriage is inherently a unique relationship 24 between a man and a woman. As a matter of public policy, this 25 state has a special interest in encouraging, supporting, and 26 protecting this unique relationship in order to promote, among 27 Page 2 other goals, the stability and welfare of society and its 1 children. A marriage contracted between individuals of the 2 same sex is invalid in this state. 3 (c) Marriage is a sacred covenant, solemnized 4 between a man and a woman, which, when the legal capacity and 5 consent of both parties is present, establishes their 6 relationship as husband and wife, and which is recognized by 7 the state as a civil contract. 8 (d) No marriage license shall be issued in the State 9 of Alabama to parties of the same sex. 10 (e) The State of Alabama shall not recognize as 11 valid any marriage of parties of the same sex that occurred or 12 was alleged to have occurred as a result of the law of any 13 jurisdiction regardless of whether a marriage license was 14 issued. 15 (f) The State of Alabama shall not recognize as 16 valid any common law marriage of parties of the same sex. 17 (g) A union replicating marriage of or between 18 persons of the same sex in the State of Alabama or in any 19 other jurisdiction shall be considered and treated in all 20 respects as having no legal force or effect in this state and 21 would shall not be recognized by this state as a marriage or 22 other union replicating marriage. 23 Section 2. An election upon the proposed amendment 24 shall be held in conjunction with the next special, primary, 25 or general election and shall be held in accordance with 26 Page 3 Sections 284 and 285 of the Constitution of Alabama of 1901, 1 as amended, and the election 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 that no marriage license shall be 9 issued in Alabama to parties of the same sex and that the 10 state shall not recognize a marriage of parties of the same 11 sex that occurred as a result of the law of any other 12 jurisdiction. 13 "Proposed by Act ________." 14 This description shall be followed by the following 15 language: 16 "Yes ( ) No ( )." 17 Page 4 1 2 House of Representatives 3 Read for the first time and re- 4 ferred to the House of Representa- 5 tives committee on Constitution and 6 Elections ......................... 7 ...... 01-FEB-05 8 Read for the second time and placed 9 on the calendar with 1 substitute 10 and ............................... 11 ...... 03-FEB-05 12 Read for the third time and passed 13 as amended ........................ 14 ...... 08-FEB-05 Yeas 85, Nays 7, Abstains 1 15 16 Greg Pappas 17 Clerk 18 19