Text of RI H 6081 (2007)

2007 -- H 6081 ======= LC00709 ======= STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2007 ____________ A N A C T RELATING TO DOMESTIC RELATIONS -- PERSONS ELIGIBLE TO MARRY Introduced By: Representatives Handy, Fox, Ajello, Gemma, and Almeida Date Introduced: March 01, 2007 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 1-4 shall 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 and 15-1-3 shall not extend to, or in any way affect, any marriage which 2-3 shall be solemnized among the Jewish people, within the degrees of affinity or consanguinity 2-4 allowed by their religion. 2-5 SECTION 2. Section 15-2-1 of the General Laws in Chapter 15-2 entitled "Marriage 2-6 Licenses" is hereby amended to read as follows: 2-7 15-2-1. License required -- Proof of divorce. –- Civil marriage – License required – 2-8 Proof of Divorce. -- (a) Civil marriage is a legal institution recognized by the state in order to 2-9 promote stable relationships and to protect individuals who are in those relationships. The 2-10 institution of marriage also provides important protections for those who are married and their 2-11 families, including not only any children or other dependents they may have, but also members of 2-12 their extended families. 2-13 (a) (b) Persons intending to be joined together in civil marriage in this state must first 2-14 obtain a license from the clerk of the town or city in which; 2-15 (1) The female Either party to the proposed marriage resides; or in the city or town in 2-16 which 2-17 (2) The male party resides, if the female party is a nonresident of this state; or in the city 2-18 or town in which 2-19 (3) (2) The proposed marriage is to be performed, if both parties are nonresidents of this 2-20 state. 2-21 (b) (c) Before any license shall be issued to any person who, having been previously 2-22 married, has been divorced, the person shall present to the town or city clerk an authenticated 2-23 copy of the decree granting the divorce. 2-24 SECTION 3. Chapter 15-3 of the General Laws entitled "Solemnization of Marriages" is 2-25 hereby amended by adding thereto the following section: 2-26 15-3-5.1. Protection of freedom of religion in marriage. – (a) Consistent with the 2-27 guarantees of freedom of religion set forth by both the First Amendment to the United States 2-28 Constitution and Article I, Section 3 of the Rhode Island Constitution, each religious institution 2-29 has exclusive control over its own religious doctrine, policy, and teachings regarding who may 2-30 marry within their faith, and on what terms. No court or other state or local governmental body, 2-31 entity, agency or commission shall compel, prevent, or interfere in any way with any religious 2-32 institution's decisions about marriage eligibility within that particular faith's tradition. 2-33 (b) Consistent with the guarantees of freedom of religion set forth by both the First 2-34 Amendment to the United States Constitution and Article I, Section 3 of the Rhode Island 3-1 Constitution, ordained clergy, ministers or elders as described and authorized in sections 15-3-5 3-2 and 15-3-6 of the general laws to officiate at a civil marriage shall not be obligated or otherwise 3-3 required by law to officiate at any particular civil marriage or religious rite of marriage. 3-4 SECTION 4. This act shall take effect upon passage. ======= LC00709 ======== EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO DOMESTIC RELATIONS -- PERSONS ELIGIBLE TO MARRY *** 4-1 This act would broaden the definition of persons eligible to marry to include persons of 4-2 the same gender. This act would also provide that members of the clergy would not be required to 4-3 officiate at any particular marriage. 4-4 This act would take effect upon passage. ======= LC00709 ======= H6081