2013 -- S 0038 SUBSTITUTE A

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LC00055/SUB A/3

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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 sibling, parent, grandparent, child, grandchild, stepparent, grandparents'

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spouse, spouse's child, spouse's grandchild, 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. Terms relating to the marital relationship or familial relationships shall be construed

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consistently with this section for all purposes throughout the law, whether in the context of

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statute, administrative 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 are within the jurisdiction of Rhode Island and have a legal union other than a

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

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and the union was validly entered into in another state or jurisdiction and the union is not

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prohibited by this chapter then they shall be afforded the same rights, benefits and responsibilities

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as a valid marriage in this state.

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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 person eligible to marry under the

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provisions of 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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through 15-2-10, shall immediately transmit a certified copy of the information to the family

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court. The court shall immediately transmit a copy of the information, together with a written

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request for a complete investigation of and a report upon the advisability of the issuance of the

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license, to the department of human services. The department shall within fifteen (15) days after

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the receipt of the information, the request, and the report file in the court its complete report in

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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 has

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

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within its faith, and on what terms, as long as such policies are consistent with sections 15-1-2,

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15-1-3, 15-1-4 and 15-1-5. No court or other state or local governmental body, entity, agency or

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commission shall compel, prevent, or interfere in any way with any religious institution's

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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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     (c) Notwithstanding any other provision of law, a religions organization, association, or

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society, and any nonprofit institution or organization operated, supervised or controlled by a

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religious organization, association or society, or a fraternal benefit or service organization that

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has among its stated purposes the promotion and support or protection of a religious organization,

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association or society and that restricts membership to practicing members of that religious

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organization, association or society, shall not be required to provide services, accommodations,

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advantages, facilities, goods, or privileges to an individual if the request for such services,

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accommodations, advantages, facilities, goods, or privileges is related to:

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     (1) The solemnization of a marriage or the celebration of a marriage, and such

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solemnization or celebration is in violation of its religious beliefs and faith; or

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     (2) The promotion of marriage through any social or religious programs or services,

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which violates the religious doctrine or teachings of religious organization, association or society.

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Any refusal by an entity described above or an officer, employee or member thereof acting in an

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official capacity on behalf of that entity to provide services, accommodations, advantages,

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facilities, goods, or privileges in accordance with this subsection shall not create any civil claim

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or cause of action. This subsection shall not be construed to limit a religious organization,

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association, or society, or a fraternal benefit or service organization as described in this

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subsection, from selectively providing services, accommodations, advantages, facilities, goods, or

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privileges to some individuals with respect to solemnization or celebration of a marriage but not

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to others.

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     (d) Nothing in the marriage laws of this state shall be deemed or construed to limit the

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protections and exemptions provided to religious organizations under GL paragraph 28-5-6(7)(ii)

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and subsection 34-37-4.2(a).

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     (e) A fraternal benefit or service organization that is operated, supervised or controlled by

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a religious organization and a fraternal benefit or service organization which has among its stated

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purposes the promotion, support or protection of a religious organization and which restricts its

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membership to practicing members of that religious organization shall not be required to admit

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any individual as a member or to provide benefits to any individual. A refusal by a fraternal

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benefit or service organization by a member, officer or employee thereof acting in an official

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capacity on behalf of a society described herein, to admit an individual as a member or to provide

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benefits related to a marriage which is in violation of the religious doctrine or teachings of the

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religious organization to which its members are required to adhere, shall not create a civil claim

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or result in any government action to penalize, withhold benefits from the fraternal benefit or

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service organization or discriminate against a society or a member, officer or employee described

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herein.

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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 sections:

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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, two (2) persons who are parties to a civil union entered into

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pursuant to this chapter may apply for and be issued a marriage license and have such marriage

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solemnized pursuant to chapters 15-1 to 15-3 of the general laws, provided such persons are

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otherwise eligible to marry under chapter 15-1 as amended herein and the parties to the marriage

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will be the same as the parties to the civil union. After the solemnization of such marriage, and

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upon filing of the license and certificate of marriage with the clerk in the town or city from which

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the license was issued pursuant to section 15-2-1, of the civil union of such persons shall be

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merged into the marriage by operation of law as of the date of the recording of the marriage

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certificate and shall be effective as of the date of the recording of the marriage certificate.

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     (b) Such parties may also apply to the clerk of the town or city in which their civil union

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is recorded to have their civil union legally designated and recorded as a marriage, without any

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additional requirements of payment of marriage licensing fees or solemnization contained in

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chapters 15-1 to 15-3 of the general laws, provided that such parties' civil union was not

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previously dissolved or annulled. Upon application, the parties shall be issued a marriage

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certificate and 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 recording of the marriage certificate and shall be effective as of the date

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of the recording of the marriage certificate.

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     15-3.1-13. Recognized date of marriage. – For purposes of determining the legal rights

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and responsibilities involving individuals who previously entered into a civil union in this state,

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and whose civil union has merged into a marriage under this chapter, the date of the recording of

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the marriage certificate shall be the operative date by which legal rights and responsibilities are

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determined

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

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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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     SECTION 7. Severability.- If any provisions of the act or the application thereof to any

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person or circumstances is held invalid, such invalidity shall not affect any other provisions or

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applications of this act, which can be given effect without the invalid provision or application,

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and to this end the provisions of this act are declared to be severable.

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     SECTION 8. This act shall take effect on August 1, 2013.

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LC00055/SUB A/3

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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 on August 1, 2013.

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LC00055/SUB A/3

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