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SOVEREIGN MARRIAGE AUTHORITY

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2016 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: LaVar Christensen

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Senate Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill declares that the state has authority over domestic relations within the state.
10     Highlighted Provisions:
11          This bill:
12          ▸     declares that the state, while recognizing and complying with judicial requirements,
13     reserves the right to regulate domestic relations within the state.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     ENACTS:
20          30-1-.5, Utah Code Annotated 1953
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22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 30-1-.5 is enacted to read:
24          30-1-.5. Sovereign marriage authority.
25          (1) The state of Utah holds and reserves the sovereign right to decide all matters
26     constituting and relating to its domestic relations laws and public policies.
27          (2) The United States Constitution does not delegate any authority to the federal

28     government of the United States on the subject of marriage and divorce.
29          (3) If, and to the extent, judicial decisions require action that is contrary to or
30     inconsistent with the democratic process and the state's time honored and enduring sovereign
31     marriage authority, such decisions shall be narrowly construed and applied. The state may
32     defer and comply with such decisions, but compliance does not negate or diminish the state's
33     continuing full reservation and exercise of sovereign authority at all times as recognized and
34     provided in Section 63G-16-101, nor does it compel or require changes in other areas of the
35     law including child welfare and adoption. A child has a protected right to be reared by the
36     child's natural parents as recognized and provided in Section 62A-4a-201.






Legislative Review Note
Office of Legislative Research and General Counsel