Text of RI H 5660 (2005)

2005 -- H 5660 ======= LC00765 ======= STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2005 ____________ A N A C T RELATING TO DOMESTIC RELATIONS -- PERSONS ELIGIBLE TO MARRY Introduced By: Representatives Handy, Ajello, Fox, Moura, and E Coderre Date Introduced: February 16, 2005 Referred To: House Judiciary It is enacted by the General Assembly as follows: 1-1 SECTION 1. Sections 15-1-1, 15-1-2, 15-1-3 and 15-1-4 of the General Laws in Chapter 1-2 15-1 entitled "Persons Eligible to Marry" are hereby amended to read as follows: 1-3 15-1-1. Men forbidden to marry kindred. Equal access to marriage. -- No man shall 1-4 marry his mother, grandmother, daughter, son's daughter, daughter's daughter, stepmother, 1-5 grandfather's wife, son's wife, son's son's wife, daughter's son's wife, wife's mother, wife's 1-6 grandmother, wife's daughter, wife's son's daughter, wife's daughter's daughter, sister, brother's 1-7 daughter, sister's daughter, father's sister, or mother's sister. Any person who otherwise meets the 1-8 eligibility requirements of chapters 15-1 and 15-2 may marry any other eligible person regardless 1-9 of gender. 1-10 15-1-2. Women forbidden to marry kindred. Marrying kindred forbidden. -- No 1-11 woman shall marry her father, grandfather, son, son's son, daughter's son, stepfather, 1-12 grandmother's husband, daughter's husband, son's daughter's husband, daughter's daughter's 1-13 husband, husband's father, husband's grandfather, husband's son, husband's son's son, husband's 1-14 daughter's son, brother, brother's son, sister's son, father's brother, or mother's brother. No person 1-15 shall marry his or her parent, grandparent, child, grandchild, stepparent, grandparent's spouse, 1-16 child's spouse, grandchild's spouse, spouse's parent, spouse's grandparent, spouse's child, spouse's 1-17 grandchild, sibling, sibling's child or parent's sibling. 1-18 15-1-3. Incestuous marriages void. -- If any man or woman person intermarries within 1-19 the degrees stated in section 15-1-1 or section 15-1-2, the marriage shall be null and void. 2-1 15-1-4. Marriages of kindred allowed by Jewish religion. -- The provisions of sections 2-2 15-1-1 -- 15-1-3 15-1-2 shall not extend to, or in any way affect, any marriage which shall be 2-3 solemnized among the Jewish people, within the degrees of affinity or consanguinity allowed by 2-4 their religion. 2-5 SECTION 2. Chapter 15-3 of the General Laws entitled "Solemnization of Marriages" is 2-6 hereby amended by adding thereto the following section: 2-7 15-3-5.1. Protection of freedom of religion in marriage. – (a) Each religious institution 2-8 has exclusive control over its own religious doctrine, policy, and teachings regarding who may 2-9 marry within their faith, and on what terms. No court or other state or local governmental body, 2-10 entity, agency or commission shall compel, prevent, or interfere in any way with any religious 2-11 institution's decisions about marriage eligibility within that particular faith's tradition. 2-12 (b) Clergy persons as described in section 15-3-5 or 15-3-6 of the general laws or other 2-13 persons otherwise authorized under law to officiate at a civil marriage shall not be obligated or 2-14 otherwise required by law to officiate at any particular civil marriage or religious rite of marriage. 2-15 SECTION 3. This act shall take effect upon passage. ======= LC00765 ======== EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO DOMESTIC RELATIONS -- PERSONS ELIGIBLE TO MARRY *** 3-1 This act would broaden the definition of persons eligible to marry to include persons of 3-2 the same gender. This act would also provide that members of the clergy would not be required 3-3 to officiate at any particular marriage. 3-4 This act would take effect upon passage. ======= LC00765 ======= H5660