H. B. 2036


(By Delegates Coleman, Faircloth
and Harrison)
[Introduced January 13, 1999; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section twelve, article one, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article one by adding thereto a new section, designated section eighteen-a, all relating to marriage; definition; same sex marriages not given recognition.

Be it enacted by the Legislature of West Virginia:
That section twelve, article one, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article one be further amended by adding thereto a new section, designated section eighteen-a, all to read as follows:
ARTICLE 1. MARRIAGE.
§48-1-12. Persons authorized to celebrate marriages.

Any minister, priest or rabbi, over the age of eighteen years, who has complied with the provisions of section twelve-a of this article, or a judge of any court of record in this state, is authorized to celebrate the rites of marriage in all the counties of the state. No person, other than a minister, priest or rabbi, who has complied with the provisions of section twelve-a of this article, or a judge of any court of record in this state, shall hereafter celebrate the rites of marriage in this state, anything in any act of the Legislature or of any court to the contrary, notwithstanding. Celebration or solemnization of a marriage means the performance of the formal act or ceremony by which a man and woman contract marriage and assume the status of husband and wife.
Wherever in this article the terms "minister," "priest" or "rabbi" shall appear, the same shall be understood and held in all respects to include, without being limited to, a leader or representative of a generally recognized spiritual assembly, church or religious organization which does not formally designate or recognize persons as ministers, priests or rabbis.
 §48-1-18a. Certain acts, records, and proceedings not to be given effect in this state.
A public act, record or judicial proceeding of any other state, territory, possession or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of any other state, territory, possession or tribe, or a right or claim arising from the relationship, shall not be given effect by this state.



NOTE: The purpose of this bill is to establish the West Virginia Defense of Marriage Act. It would prohibit the recognition of same sex marriages from other states or territories.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§48-1-18a is a new section; therefore, strike-throughs and underscoring have been omitted.