Senate Bill No. 146
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
[Introduced January 19, 2000; referred to the Committee on the
A BILL to amend and reenact section seven, 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 by adding thereto a new section, designated section
eighteen-a, relating to marriages; requiring an application
for a marriage license state that marriage is designed for a
woman and a man; and providing that certain acts, records and
proceedings are not to be given effect in this state.
Be it enacted by the Legislature of West Virginia:
That section seven, 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 be further
amended by adding thereto a new section, designated section eighteen-a, to read as follows:
ARTICLE 1. MARRIAGE.
§48-1-7. Contents of application for marriage license; execution
of application; recordation of application.
(a) The application for a marriage license must contain a
statement of the full names of both female and male parties, their
social security account numbers, dates of birth, places of birth
and residence addresses. If either of the parties is a legal alien
in the United States of America and has no social security account
number, the tourist or visitor visa number or number equivalent to
a United States social security account number must be provided.
(b) Every application for a marriage license must contain the
following statement: "Marriage is designed to be a loving and
lifelong union between a woman and a man. The laws of this state
affirm your right to enter into this marriage and
at the same time
to live within the marriage free from violence and abuse. Neither
of you is the property of the other. Physical abuse, sexual abuse,
battery and assault of a spouse or other family member, and other
provisions of the criminal laws of this state are applicable to
spouses and other family members and these violations are
punishable by law."
(c) Both female and male parties to a contemplated marriage are required to sign the application for a marriage license, under
oath, before the clerk of the county commission or another person
authorized to administer oaths under the laws of this state.
(d) The clerk shall record the application for a marriage
license in the register of marriages provided for in section eleven
of this article. The clerk shall note the date of the filing of
the application in the register. The notation, or a certified copy
thereof, is legal evidence of the facts contained in the license.
§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.