Alabama

Proposed Marriage Amendment

The following language has been proposed and accepted by the legislature.  It will go to ballot June 6, 2006. 

(a) This amendment shall be known and may be cited as the Sanctity of Marriage Amendment.
(b) Marriage is in herently a unique relationship between a man and a woman.  As a matter of public policy, this state has a special interest in encouragin, supporting, and protecting this unique relationship in order to promote, among other goals, the stability and welfare of society and its children.  A marriage contracted between individuals of the same sex is invalid in this state.
(c) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract.
(d) No marriage license shall be issued in the State of Alabama to parties of the same sex.
(e) The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued.
(f) The State of Alabama shall not recognize as valid any common law marriage of parties of the same sex.
(g) A union replicating marriage of or between persons of the same sex in the state of Alabama or in any other jurisdiction shall be considered and treated in all respects as having no legal force of effect in this state and shall not be recognized by this state as a marriage or other union replicating marriage.

Full Bill

Statutes

Marriage Protection Act

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1.  This act shall be known and may be cited as the "Alabama Marriage Protection Act."

Section 2.  (a) Marriage is inherently a unique relationship between a man and a woman.  As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting the unique relationship in order to promote, amond other goals, the stability and welfare of society and its children.  A marriage contracted between individuals of the same sex is invalid in this state.

(b) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract.

(c) No marriage license shall be issued in the State of Alabama to parties of the same sex.

(d) The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued. 

Section 3.  This act shall become effective immediately upon its passage and approval by the Governor, or its otherwise becoming a law.

1998 Alabama Laws Act 98-500 (H.B. 152) (approved May 1, 1998).
Alabama Code 1975 Section 30-1-19

Cases

Chambers v. State:  Two inmates filed a pro se lawsuit demanding a right to same-sex “marriage.” The trial court reportedly dismissed the suit on April, 2004 without prejudice in response to a motion that the court stay proceedings pending their release. Both men are eligible for parole or early release in 2005.

Websites

Government Website
Alabama Policy Institute