Code of Alabama
Ala. Code § 1-1-16 (2026)
Severability of Provisions of Code and Statutes.
✓ official Alabama Legislature (ALISON) text, current July 2026
If any provision of this Code or any amendment hereto, or any other statute, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this Code or such amendment or statute that can be given effect without the invalid provisions or application, and to this end, the provisions of this Code and such amendments and statutes are declared to be severable.
Notes of Decisions
Cited in 15
cases (2 in the last 5 years), 1979–2024 · leading case: Ivey v. State, 821 So. 2d 937 (Ala. 2001).
Ivey v. State, 821 So. 2d 937 (Ala. 2001). “1999), this Court held that the Legislature had expressly intended for courts to "sever and save statutory provisions not tainted by the unconstitutionality of other provisions in the same statute," by its enacting of Ala.Code 1975, § 1-1-16. [7] This Court stated: "`[T]he…”
State Ex Rel. Pryor v. Martin, 735 So. 2d 1156 (Ala. 1999). “" Ala.Code 1975, § 1-1-16. We regard § 1-1-16 as an expression of legislative intent regarding the general power and duty of the judiciary to sever and save statutory provisions not tainted by the unconstitutionality of other provisions in the same statute.”
L.B.S. v. L.M.S., 826 So. 2d 178 (Ala. Civ. App. 2002). “” § 1-1-16, Ala.Code 1975. The trial court also found that the stated factors in § 30-3-4.”
Beck v. State, 396 So. 2d 645 (Ala. 1981). “Furthermore, Code 1975, § 1-1-16, is an omnibus severability clause.”
Planned Parenthood Se., Inc. v. Strange, 172 F. Supp. 3d 1275 (M.D. Ala. 2016). “” 1975 Ala. Code § 1-1-16 . As the Alabama Supreme Court has explained, “We regard § 1-1-16 as an expression of legislative intent regarding the general power and duty of the judiciary to sever and save statutory provisions not tainted by the unconstitutionality of other…”
Dionne v. Harless (In Re Harless), 187 B.R. 719 (Bankr. N.D. Ala. 1995). “If any provision of this Code or any amendment hereto, or any other statute, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this Code or…”
Reproductive Health Servs. v. Marshall, 268 F. Supp. 3d 1261 (M.D. Ala. 2017). “Code § 1-1-16 (“If any provision of this Code or any amendment hereto, or any other statute, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of…”
McGuire v. Strange, 83 F. Supp. 3d 1231 (M.D. Ala. 2015). “…§ 50. Additionally, each statute codified as part of the 1975 Code of Alabama is subject to a severability clause. Ala.Code § 1-1-16.”
Thorn v. Jefferson Cnty., 375 So. 2d 780 (Ala. 1979). “"Section 1-1-16, Code of Alabama 1975, and Section 2 of Act No.”
Michael A. McGuire v. Steven T. Marshall, 50 F.4th 986 (11th Cir. 2022). “See Ala. Code § 1-1-16 (“If any provision of this Code or any amendment hereto, or any other statute, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or…”
State v. Lupo, 984 So. 2d 395 (Ala. 2007). “See also § 1-1-16, Ala.Code 1975. The Act includes a severability provision.”
Bynum v. City of Oneonta, 175 So. 3d 63 (Ala. 2015). “” • ■ This Court regards § 1-1-16 as an expression of legislative intent regarding the general power and duty of the judiciary to sever and save statutory provisions not tainted by.”
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