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SB 308: "An Act clarifying a statute relating to persons who may legally marry; relating to same-sex marriages; and providing for an effective date."

00 SENATE BILL NO. 308                                                                                                     
01 "An Act clarifying a statute relating to persons who may legally marry; relating                                        
02 to same-sex marriages; and providing for an effective date."                                                            
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 25.05.011(a) is amended to read:                                                                    
05  (a)  Marriage is a civil contract entered into by one man and one woman                                              
06 that requires [REQUIRING] both a license and solemnization.  The man and the                                          
07 woman must each be at least one of the following:  [THAT MAY BE ENTERED                                                
08 INTO BY]                                                                                                                
09   (1)  [A PERSON WHO IS] 18 years of age or older and [, WHO IS]                                                     
10 otherwise capable;                                                                                                      
11   (2)  qualified [THOSE WHO QUALIFY] for a license under                                                             
12 AS 25.05.171; or                                                                                                        
13   (3)  a member of the armed forces of the United States while on active                                               
14 duty.                                                                                                                   
01    * Sec. 2.  AS 25.05 is amended by adding a new section to read:                                                      
02  Sec. 25.05.013.  SAME-SEX MARRIAGES.  (a)  A marriage entered into by                                                 
03 persons of the same sex, either under common law or under statute, that is recognized                                   
04 by another state or foreign jurisdiction is void in this state, and contractual rights                                  
05 granted by virtue of the marriage, including its termination, are unenforceable in this                                 
06 state.                                                                                                                  
07  (b)  A same-sex relationship may not be recognized by the state as being                                              
08 entitled to the benefits of marriage.                                                                                   
09    * Sec. 3.  APPLICABILITY.  AS 25.05.013, enacted by sec. 2 of this Act, applies to all                               
10 marriages entered into in other jurisdictions, whether entered into before, on, or after the                            
11 effective date of this Act.                                                                                             
12    * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).