Text of AL SB 109 (2005)

Page 0 SB109 1 72133-3 2 By Senators Mitchem, Dial, Roberts, Biddle, Barron, Denton, 3 Holley, Preuitt, Mitchell, Dixon, and Little (T) 4 (Constitutional Amendment) 5 RFD: Judiciary 6 First Read: 01-FEB-05 7 SB109 Page 1 SB109 1 2 3 ENROLLED, An Act, 4 To propose an amendment to the Constitution of 5 Alabama of 1901, to provide that no marriage license shall be 6 issued in Alabama to parties of the same sex and that the 7 state shall not recognize a marriage of parties of the same 8 sex that occurred as a result of the law of any other 9 jurisdiction. 10 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 11 Section 1. The following amendment to the 12 Constitution of Alabama of 1901, as amended, is proposed and 13 shall become valid as a part thereof when approved by a 14 majority of the qualified electors voting thereon and in 15 accordance with Sections 284, 285, and 287 of the Constitution 16 of Alabama of 1901, as amended: 17 PROPOSED AMENDMENT 18 (a) This amendment shall be known and may be cited 19 as the Sanctity of Marriage Amendment. 20 (b) Marriage is inherently a unique relationship 21 between a man and a woman. As a matter of public policy, this 22 state has a special interest in encouraging, supporting, and 23 protecting this unique relationship in order to promote, among 24 other goals, the stability and welfare of society and its 25 SB109 Page 2 children. A marriage contracted between individuals of the 1 same sex is invalid in this state. 2 (c) Marriage is a sacred covenant, solemnized 3 between a man and a woman, which, when the legal capacity and 4 consent of both parties is present, establishes their 5 relationship as husband and wife, and which is recognized by 6 the state as a civil contract. 7 (d) No marriage license shall be issued in the State 8 of Alabama to parties of the same sex. 9 (e) The State of Alabama shall not recognize as 10 valid any marriage of parties of the same sex that occurred or 11 was alleged to have occurred as a result of the law of any 12 jurisdiction regardless of whether a marriage license was 13 issued. 14 (f) The State of Alabama shall not recognize as 15 valid any common law marriage of parties of the same sex. 16 (g) A union replicating marriage of or between 17 persons of the same sex in the State of Alabama or in any 18 other jurisdiction shall be considered and treated in all 19 respects as having no legal force or effect in this state and 20 shall not be recognized by this state as a marriage or other 21 union replicating marriage. 22 Section 2. An election upon the proposed amendment 23 shall be held in conjunction with the next special, primary, 24 or general election and shall be held in accordance with 25 SB109 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 SB109 Page 4 1 2 3 4 President and Presiding Officer of the Senate 5 6 Speaker of the House of Representatives SB109 7 Senate 08-FEB-05 8 I hereby certify that the within Act originated in and passed 9 the Senate. 10 11 McDowell Lee 12 Secretary 13 14 15 16 House of Representatives 17 Amended and passed 08-MAR-05 18 19 20 Senate concurred in House amendment 10-MAR-05 21 22 23 By: Senator Mitchem 24