SECOND REGULAR SESSION

[P E R F E C T E D]

SENATE BILL NO. 895

88TH GENERAL ASSEMBLY


INTRODUCED BY SENATORS KINDER AND RUSSELL.

Read 1st time February 6, 1996, and 1,000 copies ordered printed.

Read 2nd time February 12, 1996, and referred to the Committee on Civil and Criminal Jurisprudence.

Reported from the Committee May 7, 1996, with recommendation that the bill do pass.

Taken up for Perfection May 8, 1996. Bill declared Perfected and Ordered printed, as amended.

TERRY L. SPIELER, Secretary.

S3386.01P


AN ACT

To repeal section 451.020, RSMo 1994, relating to domestic relations, and to enact in lieu thereof one new section relating to the same subject.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Section 451.020, RSMo 1994, is repealed and one new section enacted in lieu thereof to be known as section 451.020, to read as follows:

451.020. 1. All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, between uncles and nieces, aunts and nephews, first cousins, between two persons of the same sex, and between persons who lack capacity to enter into a marriage contract, are presumptively void; and it shall be unlawful for any city, county or state official having authority to issue marriage licenses to issue such marriage licenses to the persons heretofore designated, and any such official who shall issue such licenses to the persons aforesaid knowing such persons to be within the prohibition of this section shall be deemed guilty of a misdemeanor; and this prohibition shall apply to persons born out of lawful wedlock as well as those in lawful wedlock. It shall be presumed that marriages between persons who lack capacity to enter into a marriage contract are prohibited unless the court having jurisdiction over such persons approves the marriage.

2. The state of Missouri is committed to fostering the institution of marriage between a man and a woman. To this end, the state of Missouri shall not recognize any marriage other than between a man and a woman.