Text of NJ A 4733 (2015)

ASSEMBLY, No. 4733 STATE OF NEW JERSEY 216th LEGISLATURE INTRODUCED NOVEMBER 16, 2015 Sponsored by: Assemblyman RONALD S. DANCER District 12 (Burlington, Middlesex, Monmouth and Ocean) SYNOPSIS Provides religious exemption for clergy and religious organizations concerning same-sex marriages and civil unions. CURRENT VERSION OF TEXT As introduced. An Act concerning marriage and civil unions and supplementing Title 37 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. The Legislature finds and declares: a. Same-sex marriages began in New Jersey on October 21, 2013 pursuant to an order of the New Jersey Superior Court in Garden State Equality et al. v. Dow, 434 N.J. Super. 163 (Law Div. 2013). Same-sex civil unions had previously been authorized in New Jersey by the enactment of P.L.2006, c.103. b. On June 26, 2015 the United States Supreme Court mandated that the states accept, recognize, and provide for same-sex marriage. In Obergefell v. Hodges, 192 L. Ed. 2d. 609, 2015 U.S. LEXIS 4250 (2015), the court ruled that same-sex couples have a fundamental right to marry, pursuant to the due process and equal protection clauses of the Fourteenth Amendment. c. The Obergefell opinion specified that it does not affect the constitutional rights of religious organizations and religious persons to refrain from recognizing marriages that violate religious beliefs: "[I]t must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned. The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered." d. It is the intent of the Legislature in enacting this bill to reiterate this guarantee of the free exercise of religion set forth in the First Amendment to the United States Constitution and in Article I, paragraph 4 of the New Jersey Constitution. 2. a. No member of the clergy of any religion and no religious society, institution or organization in this State shall be required to solemnize any marriage or civil union in violation of the free exercise of religion guaranteed by the First Amendment to the United States Constitution or by Article I, paragraph 4 of the New Jersey Constitution. b. No religious society, institution or organization in this State shall, other than when providing a place of public accommodation as defined in section 5 of P.L.1945, c.169 (C.10:5-5), be compelled to provide space, services, advantages, goods, or privileges related to the solemnization, celebration or promotion of a marriage or civil union if such solemnization, celebration or promotion of a marriage or civil union is in violation of the beliefs of such religious society, institution or organization. c. No civil claim or cause of action against any religious society, institution or organization, or any employee thereof, shall arise out of any refusal to provide space, services, advantages, goods, or privileges pursuant to this section, other than when providing a place of public accommodation as defined in section 5 of P.L.1945, c.169 (C.10:5-5). No State action to penalize or withhold benefits from any such religious society, institution or organization, or any employee thereof, shall result from any refusal to provide space, services, advantages, goods, or privileges pursuant to this section. 3. This act shall take effect immediately. STATEMENT This bill would set out a religious exemption for clergy and religious organizations concerning same-sex marriages and civil unions. The findings and declarations section of the bill notes that same-sex marriages began in New Jersey on October 21, 2013 pursuant to an order of the New Jersey Superior Court in Garden State Equality et al. v. Dow, 434 N.J. Super. 163 (Law Div. 2013). Same-sex civil unions had previously been authorized in New Jersey by the enactment of P.L.2006, c.103. On June 26, 2015 the United States Supreme Court mandated that the states accept, recognize, and provide for same-sex marriage. In Obergefell v. Hodges, 192 L. Ed. 2d. 609, 2015 U.S. LEXIS 4250 (2015), the court ruled that same-sex couples have a fundamental right to marry, pursuant to the due process and equal protection clauses of the Fourteenth Amendment. The Obergefell opinion specified that it does not affect the constitutional rights of religious organizations and religious persons to refrain from recognizing marriages that violate religious beliefs: "[I]t must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned. The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered." The findings and declarations section of the bill further provides that it is the intent of the Legislature in enacting the bill to reiterate this guarantee of the free exercise of religion set forth in the First Amendment to the United States Constitution and in Article I, paragraph 4 of the New Jersey Constitution. Under the bill, no member of the clergy of any religion and no religious society, institution or organization in this State would be required to solemnize any marriage or civil union in violation of the free exercise of religion guaranteed by the First Amendment to the United States Constitution or by Article I, paragraph 4 of the New Jersey Constitution. The bill provides that no religious society, institution or organization in this State could, other than when providing a place of public accommodation as defined in section 5 of P.L.1945, c.169 (C.10:5-5), be compelled to provide space, services, advantages, goods, or privileges related to the solemnization, celebration or promotion of a marriage or civil union if such solemnization, celebration or promotion is in violation of the beliefs of such religious society, institution or organization. The bill further provides that no civil claim or cause of action against any religious society, institution or organization, or any employee thereof, could arise out of any such refusal to provide space, services, advantages, goods, or privileges, other than when providing a place of public accommodation, and no State action to penalize or withhold benefits from any such religious society, institution or organization, or any employee thereof, could result from any refusal to provide such space, services, advantages, goods, or privileges.