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, relating to marriages; and
requiring an application for a marriage license state that
marriage is designed for a woman and a man.
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 thirty-one, as amended, be
amended and reenacted 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.
(NOTE: The purpose of this bill is to establish that marriage
is designed to be a union between a woman and a man.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would