Text of MI HB 4909 (2013)
Family law; marriage and divorce; prohibition on same-sex marriage; remove. Amends secs. 2, 3 & 9 of 1846 RS 83 (MCL 551.2 et seq.) & repeals secs. 1 & 4 of 1846 RS 83 (MCL 551.1 & 551.4). TIE BAR WITH: HB 4910'13, HJR V'13
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As introduced
3,734 characters
HOUSE BILL No. 4909
July 18, 2013,
Introduced by Reps. Irwin, Zemke, Singh, Dillon, Hobbs, Tlaib, Faris, Townsend,
Schor, Segal, McCann, Lipton, Hovey-Wright, Slavens, Switalski, Robinson,
Barnett, Roberts, Knezek, Geiss and Greimel and referred to the Committee on
Judiciary.
A
bill to amend 1846 RS 83, entitled
"Of
marriage and the solemnization thereof,"
by
amending sections 2, 3, and 9 (MCL 551.2, 551.3, and 551.9),
sections
2 and 3 as amended by 1996 PA 324; and to repeal acts and
parts
of acts.
THE
PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2. So far as its validity in law is concerned, marriage
Marriage
is a civil contract between a man
and a woman, to which
the
2 individuals. To be legally
valid, consent to marriage of by
parties
capable in law of contracting is essential. Consent alone
is
not enough to effectuate a legal marriage on and after January
1,
1957. Consent shall be followed by obtaining a license as
required
by section 1 of Act No. 128 of the Public Acts of 1887,
being
section 551.101 of the Michigan Compiled Laws 1887 PA 128,
MCL
551.101, or as provided for by under section
1 of Act No. 180
of
the Public Acts of 1897, being section 551.201 of the Michigan
Compiled
Laws 1897 PA 180, MCL 551.201, and solemnization as
authorized
by sections 7 to 18. of this chapter.
Sec.
3. A man shall not marry his mother, sister, grandmother,
daughter,
granddaughter, stepmother, grandfather's wife, son's
wife,
grandson's wife, wife's mother, wife's grandmother, wife's
daughter,
wife's granddaughter, brother's daughter, sister's
daughter,
father's sister, mother's sister, or cousin of the first
degree,
or another man.An individual
shall not marry any of the
following:
(a)
A parent.
(b)
A sibling.
(c)
A grandparent.
(d)
A son or daughter.
(e)
A grandchild.
(f)
A stepparent.
(g)
The spouse of a grandparent.
(h)
The spouse of a son or daughter.
(i)
The spouse of a grandchild.
(j)
A parent-in-law.
(k)
A grandparent-in-law.
(l) A stepchild.
(m)
A step-grandchild.
(n)
The child of a sibling.
(o)
The sibling of a parent.
(p)
A cousin of the first degree.
Sec.
9. In the solemnization of marriage, no particular form
shall
be required, except that the parties each party shall
solemnly
declare, in the presence of the person solemnizing the
marriage
and the attending witnesses, that they take each he or she
takes
the other as husband and wife; and
in every case, there shall
be
his or her spouse. To be
legally valid, at least 2 witnesses
individuals, besides the person solemnizing the marriage, shall be
present
as witnesses at the marriage
ceremony.
Enacting
section 1. Sections 1 and 4 of 1846 RS 83, MCL 551.1
and
551.4, are repealed.
Enacting
section 2. This amendatory act does not take effect
unless
Senate Bill No.____ or House Bill No. 4910(request no.
02488'13
a *) of the 97th Legislature is enacted into law.
Enacting
section 3. This amendatory act does not take effect
unless
Senate Joint Resolution ____ or House Joint Resolution V
(request
no. 01021'13) of the 97th Legislature becomes a part of
the
state constitution of 1963 as provided in section 1 of article
XII
of the state constitution of 1963.