2013 -- S 0038

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LC00055

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO DOMESTIC RELATIONS -- PERSONS ELIGIBLE TO MARRY

     Introduced By: Senators Nesselbush, Sosnowski, Miller, Pichardo, and Ottiano

     Date Introduced: January 16, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 15-1-1, 15-1-2, 15-1-3, 15-1-4 and 15-1-5 of the General Laws in

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Chapter 15-1 entitled "Persons Eligible to Marry" are hereby amended to read as follows:

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     15-1-1. Men forbidden to marry kindred Equal access to marriage. -- No man shall

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marry his mother, grandmother, daughter, son's daughter, daughter's daughter, stepmother,

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grandfather's wife, son's wife, son's son's wife, daughter's son's wife, wife's mother, wife's

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grandmother, wife's daughter, wife's son's daughter, wife's daughter's daughter, sister, brother's

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daughter, sister's daughter, father's sister, or mother's sister. Any person who otherwise meets the

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eligibility requirements of chapters 15-1 and 15-2 may marry any other eligible person regardless

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of gender,

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     15-1-2. Women forbidden to marry kindred Marrying kindred forbidden. -- No

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woman shall marry her father, grandfather, son, son's son, daughter's son, stepfather,

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grandmother's husband, daughter's husband, son's daughter's husband, daughter's daughter's

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husband, husband's father, husband's grandfather, husband's son, husband's son's son, husband's

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daughter's son, brother, brother's son, sister's son, father's brother, or mother's brother. No person

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shall marry his or her parent, grandparent, child, grandchild, stepparent, grandparents’ spouse,

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spouse’s child, spouse’s grandchild, sibling, sibling’s child or parent’s sibling.

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     15-1-3. Incestuous marriages void. -- If any man or woman person intermarries within

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the degrees stated in section 15-1-1 or section 15-1-2, the marriage shall be null and void.

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     15-1-4. Marriages of kindred allowed by Jewish religion. -- The provisions of sections

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15-1-1 -- 15-1-3 15-1-2 and 15-1-3 shall not extend to, or in any way affect, any marriage which

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shall be solemnized among the Jewish people, within the degrees of affinity or consanguinity

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allowed by their religion.

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     15-1-5. Bigamous marriages void -- Marriage of persons who are mentally

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incompetent. – A person is prohibited from marrying if such person is:

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     (1) A party to another marriage; or

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     (2) A party to a relationship that provides substantially the same rights, benefits and

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responsibilities as a marriage, whether entered into in this state or another state or jurisdiction and

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such marriage or relationship has not been finally dissolved, unless the parties to the intended

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marriage will be the same as the parties to such other marriage or relationship. Any marriage

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entered in violation of this prohibition, when either of the parties at the time of the marriage has a

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former wife or husband living who has not been, by final decree, divorced from that party, and

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any marriage where either of the parties is mentally incompetent at the time of the marriage, shall

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be absolutely void, and no life estate created by chapter 25 of title 33 shall be assigned to any

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widow surviving spouse in consequence of the marriage.

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     SECTION 2. Chapter 15-1 of the General Laws entitled "Persons Eligible to Marry" is

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hereby amended by adding thereto the following sections:

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     15-1-7. Marriage codification. – Marriage is the legally recognized union of two (2)

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people. When used in any statute, the word “marriage” shall mean a civil marriage. Terms

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relating to the marital relationship or familial relationships shall be construed consistently with

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this section for all purposes throughout the law, whether in the context of statute, administrative

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or court rule, policy, common law, or any other source of civil law.

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     15-1-8. Recognition of relationships entered into in another state or jurisdiction. – lf

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two (2) persons in Rhode Island have a legal union other than a marriage that provides

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substantially the same rights, benefits and responsibilities as a marriage, and that was validly

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entered into in another state or jurisdiction, then they shall be recognized as having a valid

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marriage in this state, unless: (1) Such relationship is prohibited by this chapter; or (2) They

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become permanent residents of Rhode Island and do not enter into a marriage within one year

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after becoming permanent residents.

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     15-1-9. Applicability of state laws to marriages not recognized by federal law. – (a)

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Any provision of Rhode Island law that refers to, adopts, or relies upon provisions of federal law,

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including, but not limited to, those in title 44, shall apply to parties recognized as married under

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the laws of this state as if federal laws recognized such marriages in the same manner as Rhode

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Island law.

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     (b) Notwithstanding the unavailability of federal financial participation, no person who is

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recognized as a spouse under the laws of this state shall be denied benefits that are otherwise

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available to spouses under Rhode Island law, including, but not limited to, those in chapters 40-8

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to 40-8.10 inclusive, due to the provisions of 1 U.S.C. section 7 or any other federal non-

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recognition of spouses of the same sex.

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     SECTION 3. Sections 15-2-1, 15-2-7 and 15-2-11 of the General Laws in Chapter 15-2

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entitled "Marriage Licenses" are hereby amended to read as follows:

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     15-2-1. License required -- Proof of divorce License required -- Proof of divorce –

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Obligation of clerk to issue license. -- (a) Persons intending to be joined together in marriage in

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this state must first obtain a license from the clerk of the town or city in which:

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      (1) The female Either party to the proposed marriage resides; or in the city or town in

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which

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      (2) The male party resides, if the female party is a nonresident of this state; or in the city

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or town in which

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     (3)(2) The proposed marriage is to be performed, if both parties are nonresidents of this

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state.

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      (b) Before any license shall be issued to any person who, having been previously married

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or a party to another relationship that provides substantially the same rights, benefits and

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responsibilities as a marriage, has been divorced, the person shall present to the town or city clerk

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an authenticated copy of the decree granting the divorce or an authenticated copy of the final

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dissolution of the previous relationship.

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     (c) The town or city clerk shall issue a license to any two (2) person eligible to marry

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under chapter 15-1.

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     15-2-7. Form and contents of certificates, reports, and other returns. -- The forms of

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certificates, reports, and other returns required by this chapter, or by regulations adopted pursuant

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to this chapter, shall include as a minimum the items recommended by the federal agency

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responsible for national vital statistics, subject to approval of and modification by the state

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director of health. Both the bride and groom parties shall subscribe to the truth of data in the

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application in the presence of the local registrar or his or her assistant.

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     15-2-11. Consent and procedure required for license to minors and persons under

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guardianship. -- (a) No minor or person under the control of a parent or guardian shall be

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allowed to give and subscribe to the information provided for in sections 15-2-1 -- 15-2-10, or

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shall receive the license provided for in these sections, unless the consent in writing of the parent

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or guardian, given in the presence of the town or city clerk or any clerk employed in that office,

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has first been obtained; provided, that proof shall be submitted that the minor, if a female, has

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attained the age of sixteen (16) years; and provided, that this information may be given and

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subscribed to by a minor, if a female, who has attained the age of sixteen (16) years, residing in

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this state upon the consent in writing of the director of public welfare of the town or city in which

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the minor resides, given in the presence of the town or city clerk or any clerk employed in that

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office.

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      (b) In addition to the requirements in subsection (a) of this section, no license shall be

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issued to any minor, if a female under the age of sixteen (16) years, and if a male under the age of

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eighteen (18) years, unless and until the following requirements have been complied with, and the

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town or city clerk is directed in writing to issue the license by the family court:

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      (1) The town or city clerk, upon receiving information provided for in sections 15-2-1 --

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15-2-10, shall immediately transmit a certified copy of the information to the family court. The

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court shall immediately transmit a copy of the information, together with a written request for a

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complete investigation of and a report upon the advisability of the issuance of the license, to the

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department of human services. The department shall within fifteen (15) days after the receipt of

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the information, the request, and the report file in the court its complete report in writing.

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      (2) The court shall then conduct a hearing in chambers to determine the advisability of

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the issuance of the license and shall notify the town or city clerk of its determination. The court

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shall have the power to summon at the hearing any persons that it may deem advisable.

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      (3) The court shall also file the report and a notation of its determination in the office of

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the clerk of the court, but any papers filed at the office of the clerk shall not be matters of public

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record and may be examined only upon the written authorization of the court.

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      (4) During the pendency of the proceedings, the court shall exercise the authority of a

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guardian in respect to the minor or minors involved.

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     SECTION 4. Chapter 15-3 of the General Laws entitled "Solemnization of Marriages" is

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hereby amended by adding thereto the following section:

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     15-3-6.1. Protection of freedom of religion in marriage. – (a) Consistent with the

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guarantees of freedom of religion set forth by both the First Amendment to the United States

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Constitution and Article I Section 3 of the Rhode Island Constitution, each religious institution

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has exclusive control over its own religious doctrine, policy, and teachings regarding who may

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marry within their faith, and on what terms. No court or other state or local governmental body,

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entity, agency or commission shall compel, prevent, or interfere in any way with any religious

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institution’s decisions about marriage eligibility within that particular faith’s tradition.

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     (b) Consistent with the guarantees of freedom of religion set forth by both the First

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Amendment to the United States Constitution and Article I Section 3 of the Rhode Island

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Constitution, no regularly licensed or ordained clergyperson, minister, elder, priest, imam, rabbi,

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or similar official of any church or religious denomination as described and authorized in sections

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15-3-5 and 15-3-6 of the general laws to officiate at a civil marriage, is required to solemnize any

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marriage. A regularly licensed or ordained clergyperson, minister, elder, priest, imam, rabbi, or

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similar official of any church or religious denomination shall be immune from any civil claim or

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cause of action based on a refusal to solemnize any marriage under this chapter. No state agency

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or local government may base a decision to penalize, withhold benefits from, or refuse to contract

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with any church or religious denomination on the refusal of a person associated with such church

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or religious denomination to solemnize a marriage under this chapter.

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     SECTION 5. Chapter 15-3.1 of the General Laws entitled "Civil Unions" is hereby

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amended by adding thereto the following section:

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     15-3.1-12. Merger of civil union into marriage by action of the parties. – (a) On and

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after the effective date of this section and prior to January 1, 2013, two (2) persons who are

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parties to a civil union entered into pursuant to this chapter may apply for and be issued a

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marriage license and have such marriage solemnized pursuant to chapters 15-1 to 15-3 of the

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general laws, provided such persons are otherwise eligible to marry under chapter 15-1 as

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amended by this act and the parties to the marriage will be the same as the parties to the civil

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union. After the solemnization of such marriage and upon the filing of the license and certificate

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of marriage with the clerk in the town or city from which the license was issued pursuant to

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section 15-3-12, the civil union of such persons shall be merged into the marriage by operation of

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law as of the date of the marriage stated in the certificate.

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     (b) Such parties may also apply by January 1, 2013 to the clerk of the town or city in

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which their civil union is recorded to have their civil union legally designated and recorded as a

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marriage, without any additional requirements of payment of marriage licensing fees or

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solemnization contained in chapters 15-1 to 15-3 of the general laws, provided that such parties’

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civil union was not previously dissolved or annulled. Upon application, the parties shall be issued

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a marriage certificate, and the civil union of such persons shall be merged into the marriage by

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operation of law as of the date of the marriage stated in the certificate.

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     15-3.1-13. Merger of civil union into marriage by operation of law -- Exception. – (a)

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Two (2) persons who are parties to a civil union entered into pursuant to this chapter that has not

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been dissolved or annulled by the parties or merged into a marriage by action of the parties under

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section 15-3.1-12 as of January 1, 2013, shall be deemed to be married under chapter 15-3 et seq.,

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as amended by this act, on said date and such civil union shall be merged into such marriage by

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operation of law on said date.

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     (b) Notwithstanding the provisions of subsection (a) of this section, the parties to a civil

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union with respect to which a proceeding for dissolution, annulment or legal separation is

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pending on January 1, 2013, shall not be deemed to be married on said date and such civil union

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shall not be merged into such marriage by operation of law but shall continue to be governed by

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the provisions of the general statutes applicable to civil unions in effect prior to January 1, 2013.

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     15-3.1-14. Savings clause. – For purposes of determining the legal rights and

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responsibilities involving individuals who had previously had a civil union in Rhode Island and

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whose civil unions have merged into marriages under the provisions of this chapter, the date of

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the original civil union is the legal date of the marriage. Nothing in this subsection prohibits a

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different date from being included on a marriage license.

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     SECTION 6. Sections 15-3.1-3, 15-3.1-4 and 15-3.1-5 of the General Laws in Chapter

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15-3.1 entitled "Civil Unions" are hereby repealed.

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     15-3.1-3. License requirements. -- (a) Persons intending to form a civil union in this

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state must first obtain a license from the town or city in which:

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      (1) One of the parties to the civil union resides; or

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      (2) In the case of both parties being nonresidents of this state the city or town in which

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the proposed civil union is to be performed.

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      (b) Before any license shall be issued to any person who, having previously been married

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or been a party in a civil union to someone other than their intended civil union partner, the

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person shall present to the town or city clerk a certified copy of the decree granting the divorce or

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dissolving the civil union.

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      (c) The license required in: (a) shall be valid for three (3) months after the date of issue,

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and if unused at the expiration of the three (3) months, the party or parties having the possession

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of the license shall immediately return it to the town or city clerk from whom it was obtained.

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      (d) License fee. - For issuing the civil union license the town or city clerk shall collect a

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fee of twenty-four dollars ($24.00). The city or town shall retain eight dollars ($8.00), and

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transmit sixteen dollars ($16.00) to the general treasurer of the State of Rhode Island who shall be

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responsible for depositing eight dollars ($8.00) of the sixteen dollars ($16.00) received into the

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family and children trust fund created by Rhode Island general laws section 42-72-30. Each clerk

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shall keep an accurate account of all fees charged and received under this section and shall

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transmit all sums due to the general treasurer at least monthly in the manner and with the forms

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which the general treasurer shall prescribe.

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      (e) The several town and city clerks shall record, in separate books to be kept by them

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for that purpose, the information furnished to them and subscribed to as provided in this section.

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Further, town and city clerks shall treat the civil union certificate as a vital record pursuant to

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Rhode Island general laws chapter 23-3.

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     15-3.1-4. Certification of civil unions. -- Officials empowered to certify persons in civil

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unions:

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      (1) Every ordained clergy or elder in good standing, every justice of the supreme court,

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superior court, family court, workers' compensation court, district court or traffic tribunal, the

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clerk of the supreme court, every clerk or general chief clerk of a superior court, family court,

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district court, or traffic tribunal, magistrates, special or general magistrates of the superior court,

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family court, traffic tribunal or district court, administrative clerks of the district court,

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administrators of the workers' compensation court, every former justice or judge and former

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administrator of these courts and every former chief clerk of the district court, and every former

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clerk or general chief clerk of a superior court, the secretary of the senate, elected clerks of the

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general assembly, any former secretary of the senate or any former elected clerk of the general

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assembly who retires after July 1, 2007, judges of the United States appointed pursuant to Article

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III of the United States Constitution, bankruptcy judges appointed pursuant to Article I of the

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United States Constitution, and United States magistrate judges appointed pursuant to federal law,

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may certify a civil union in any city or town in this state; and every justice and every former

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justice of the municipal courts of the cities and towns in this state and of the police court of the

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town of Johnston and every probate judge and every former probate judge may certify a civil

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union in any city or town in this state, and wardens of the town of New Shoreham may certify

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persons in civil unions in New Shoreham.

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      (2) Every certification of a civil union shall be held in the presence of at least two (2)

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witnesses besides the person officiating the certification and no minister, justice or other

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authorized person shall perform the civil union certification until the persons to be certified in a

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civil union have presented him or her the license named in this section.

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      (3) Every minister, justice, or other authorized person who certifies any persons in a civil

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union shall endorse the "License and Certificate of Civil Union" presented to him or her by the

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persons and certify that the persons were certified in a civil union in accordance with the laws of

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the State of Rhode Island and the person who certifies the parties in the civil union shall complete

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all the information on the "License and Certificate of Civil Union" and file the form within

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ninety- six (96) hours following the date of the civil union certification with the clerk in the town

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or city from which the license was issued.

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      (4) The town or city clerk to whom the civil union certificate is returned shall carefully

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file and preserve the return.

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      (5) If any person has any lawful objection to the civil union of any two (2) persons, he or

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she may state the objection in writing, under his or her hand, to the minister, justice or other

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authorized person about to certify the civil union, at which time the minister, justice or other

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authorized person shall proceed no further in the civil union until the lawful objection has been

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removed.

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      (6) Every minister, justice, or other authorized person who certifies persons in a civil

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union without first receiving the license required by this chapter containing the required

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information, or whenever the certification of the civil union has been lawfully objected to and the

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impediment is not removed, or when the person certifies parties in a civil union that he or she

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knows to have a husband, wife, or other civil union partner shall be imprisoned not exceeding six

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(6) months or fined not exceeding one thousand dollars ($1,000).

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      (7) No civil union certified before a person professing to have a license or professing to

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be qualified to certify the civil union shall be deemed or adjudged to be void, nor shall the

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validity of the civil union be in any way affected by want of jurisdiction or authority in the person

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by noncompliance with any of the requirements of this chapter, if the civil union is in other

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respects lawful and has been certified with a full belief on the part of the parties to the civil union,

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or either of them, that they have lawfully certified in a civil union.

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      (8) Every person who certifies a civil union without being legally authorized to do so

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shall be fined five hundred dollars ($500).

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      (9) If, as the result of a court decision, any civil union which has occurred in Rhode

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Island is declared invalid, the court shall order the state registrar of vital records to mark "invalid"

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the original civil union record on file at the division of vital records and to note the invalidity of

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the civil union on all other files or references to the civil union.

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      (10) Whoever provides any false information as to the requirements under this chapter,

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or whoever enters into a civil union without duly proceeding as is required by this chapter, shall

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be fined not exceeding five hundred dollars ($500).

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     15-3.1-5. Conscience and religious organizations protected. -- (a) Notwithstanding any

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other provision of law to the contrary, no religious or denominational organization, no

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organization operated for charitable or educational purpose which is supervised or controlled by

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or in connection with a religious organization, and no individual employed by any of the

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foregoing organizations, while acting in the scope of that employment, shall be required:

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      (1) To provide services, accommodations, advantages, facilities, goods, or privileges for

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a purpose related to the solemnization, certification, or celebration of any civil union; or

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      (2) To solemnize or certify any civil union; or

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      (3) To treat as valid any civil union;

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      if such providing, solemnizing, certifying, or treating as valid would cause such

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organizations or individuals to violate their sincerely held religious beliefs.

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      (b) No organization or individual as described in subsection (a) above who fails or

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refuses to provide, solemnize, certify, or treat as valid, as described in subdivision (a)(1), (a)(2) or

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(a)(3) above, persons in a civil union, shall be subject to a fine, penalty, or other cause of action

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for such failure or refusal.

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     SECTION 7. This act shall take effect upon passage.

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LC00055

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO DOMESTIC RELATIONS -- PERSONS ELIGIBLE TO MARRY

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     This act would change terminology on marrying from gender based to non-gender based,

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it would address prohibitions to marriage, redefine the term marriage, address other state and

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federal law recognition and applicability in how the state of Rhode Island, address marriage

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licenses in Rhode Island, protection of freedom of religion in marriages and the merger of civil

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union into marriage.

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     This act would take effect upon passage.

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LC00055

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