Text of RI S 376 (2011)

2011 -- S 0376 ======= LC01413 ======= S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2011 ____________ A N A C T RELATING TO DOMESTIC RELATIONS -- DOMESTIC UNIONS Introduced By: Senator Dawson T. Hodgson Date Introduced: February 16, 2011 Referred To: Senate Judiciary It is enacted by the General Assembly as follows: SECTION 1. Chapter 15-1 of the General Laws entitled "PERSONS ELIGIBLE TO 1 MARRY" is hereby repealed in its entirety. 2 CHAPTER 15-1 3 PERSONS ELIGIBLE TO MARRY 4 15-1-1. Men forbidden to marry kindred. -- No man shall marry his mother, 5 grandmother, daughter, son's daughter, daughter's daughter, stepmother, grandfather's wife, son's 6 wife, son's son's wife, daughter's son's wife, wife's mother, wife's grandmother, wife's daughter, 7 wife's son's daughter, wife's daughter's daughter, sister, brother's daughter, sister's daughter, 8 father's sister, or mother's sister. 9 15-1-2. Women forbidden to marry kindred. -- No woman shall marry her father, 10 grandfather, son, son's son, daughter's son, stepfather, grandmother's husband, daughter's 11 husband, son's daughter's husband, daughter's daughter's husband, husband's father, husband's 12 grandfather, husband's son, husband's son's son, husband's daughter's son, brother, brother's son, 13 sister's son, father's brother, or mother's brother. 14 15-1-3. Incestuous marriages void. -- If any man or woman intermarries within the 15 degrees stated in section 15-1-1 or section 15-1-2, the marriage shall be null and void. 16 15-1-4. Marriages of kindred allowed by Jewish religion. -- The provisions of sections 17 15-1-1 -- 15-1-3 shall not extend to, or in any way affect, any marriage which shall be solemnized 18 among the Jewish people, within the degrees of affinity or consanguinity allowed by their 19 2 religion. 1 15-1-5. Bigamous marriages void -- Marriage of persons who are mentally 2 incompetent. -- Any marriage, when either of the parties at the time of the marriage has a former 3 wife or husband living who has not been, by final decree, divorced from that party, and any 4 marriage where either of the parties is mentally incompetent at the time of the marriage, shall be 5 absolutely void, and no life estate created by chapter 25 of title 33 shall be assigned to any widow 6 in consequence of the marriage. 7 15-1-6. Declaration of validity of marriage by divorced person. -- Any marriage, 8 which may have been deemed and held void because a former wife or husband of either of the 9 parties to the marriage, divorced from the party by final decree, was living at the time of the 10 marriage, may be declared valid and binding upon the parties by decree of the family court, if the 11 marriage was in all other respects lawful. The decree may be entered at the discretion of the court 12 upon the petition of either party to the marriage, or of any of the issue of the marriage, and after a 13 hearing and notice to all persons known to have an interest in the marriage as the court may deem 14 necessary, and the decree may declare that the issue of the marriage shall be deemed legitimate 15 and that the widow of any party to the marriage shall be entitled to her life estate created by 16 chapter 25 of title 33. 17 SECTION 2. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is 18 hereby amended by adding thereto the following chapter: 19 CHAPTER 1.1 20 DOMESTIC UNIONS 21 15-1.1-1. Equal access to domestic union. – Domestic union is the legal institution by 22 which the State of Rhode Island sanctions legal kinship between two (2) adult spouses. Domestic 23 union is recognized by the state in order to promote stable domestic relationships and to 24 guarantee the legal rights and responsibilities concomitant to spousal and family relationships. 25 Any person who otherwise meets the eligibility requirements of sections 15-1.1-1, 15- 26 1.1-2, 15-1.1-3 and 15-1.1-4 may enter into a domestic union with any other eligible person 27 regardless of gender, subject to satisfying the criteria set forth herein. 28 15-1.1-2. Domestic union with kindred forbidden. – No person shall enter into a 29 domestic union with his or her parent, grandparent, child, grandchild, stepparent, grandparents’ 30 spouse, child’s spouse, grandchild’s spouse, spouse’s parent, spouse’s grandparent, spouse’s 31 child, spouse’s grandchild, sibling, sibling’s child or parents’ sibling. 32 15-1.1-3. Incestuous domestic unions void. – If any person enters into a domestic union 33 within the degrees stated in section 15-1.1-2, the union shall be null and void. 34 3 15-1.1-4. Domestic unions of kindred allowed by Jewish religion. – The provisions of 1 sections 15-1.1-2 and 15-1.1-3 shall not extend to, or in any way, effect any domestic union 2 which shall be solemnized among the Jewish people, within the degrees of affinity or 3 consanguinity allowed by their religion. 4 SECTION 3. Section 15-2-1 of the General Laws in Chapter 15-2 entitled "Marriage 5 Licenses" is hereby amended to read as follows: 6 15-2-1. License required -- Proof of divorce Domestic union license required. -- (a) 7 Persons intending to be joined together in marriage in this state must first obtain a license from 8 the clerk of the town or city in which: 9 (1) The female party to the proposed marriage resides; or in the city or town in which 10 (2) The male party resides, if the female party is a nonresident of this state; or in the city 11 or town in which 12 (3) The proposed marriage is to be performed, if both parties are nonresidents of this 13 state. 14 (b) Before any license shall be issued to any person who, having been previously 15 married, has been divorced, the person shall present to the town or city clerk an authenticated 16 copy of the decree granting the divorce. 17 (a) Subject to eligibility requirements set forth in chapters 15-1.1 and 15-2: Persons 18 intending to be joined together in domestic union must first obtain a license from the clerk of the 19 town or city which: Either party to the proposed domestic union resides, or the city or town where 20 the proposed domestic union is to be solemnized. 21 (b) Before any license shall be issued to any person who has previously entered into a 22 domestic union, marriage, domestic partnership or equivalent domestic legal status in this state or 23 any other, that person shall present to the town or city clerk an authenticated copy of the decree of 24 dissolution or divorce. 25 SECTION 4. Chapter 15-3 of the General Laws entitled "Solemnization of Marriages" is 26 hereby amended by adding thereto the following section: 27 15-3-5.1. Freedom of conscience protected. – (a) Religious organizations protected. 28 Notwithstanding any other provision of law, no religious or denominational organization, no 29 organization operated for charitable or educational purposes which is supervised or controlled by 30 or in connection with a religious organization, and no individual employed by any of the 31 foregoing organizations, while acting in the scope of that employment, shall be required to: 32 (1) Provide services, accommodations, advantages, facilities, goods, or privileges for a 33 purpose related to the solemnization or celebration of any domestic union; or 34 4 (2) Solemnize any domestic union; or 1 (3) Treat as valid any domestic union 2 if such providing, solemnizing, or treating as valid would cause such organizations or individuals 3 to violate their sincerely held religious beliefs. 4 (b) Individuals and small businesses protected. 5 (1) Except as provided in subdivision (b)(2), no individual, sole proprietor, or small 6 business shall be required to provide goods or services that assist or promote the solemnization or 7 celebration of any domestic union, or provide counseling or other services that directly facilitate 8 the perpetuation of any domestic union if providing such goods and services would cause such 9 individuals or sole proprietors, or owners of such small businesses, to violate their sincerely held 10 religious beliefs. 11 (2) Subdivision (b)(1) shall not apply if: 12 (i) A party to the domestic union is unable to obtain any similar good or services 13 elsewhere without substantial hardship; or 14 (ii) In the case of an individual who is a government employee or official, if another 15 government employee or official is not promptly available and willing to provide the requested 16 government service without inconvenience or delay; provided that no judicial officer authorized 17 to solemnize domestic unions shall be required to do so if that act would violate the judicial 18 officer’s sincerely held religious beliefs. 19 (3) A “small business” within the meaning of subdivision (b)(1) is a legal entity other 20 than a natural person: 21 (i) That provide services which are primarily performed by an owner of the business; or 22 (ii) That has five (5) or fewer employees. 23 (c) No civil cause of action or other penalties. No refusal to provide services, 24 accommodations, advantages, facilities, goods or privileges protected by this section shall: 25 (1) Result in a civil claim or cause of action challenging such refusal; or 26 (2) Result in any action by the state or any of its subdivisions to penalize or withhold 27 benefits from any protected entity or individual under any laws of this state or its subdivisions, 28 including, but not limited to, laws regarding employment discrimination, housing, public 29 accommodations, educational institutions, licensing, government contracts or grants, or tax 30 exempt status. 31 SECTION 5. Nothing in this act shall be construed to deprive an individual of any federal 32 or state governmental benefit, privilege, or obligation, including, but not limited to, social 33 security, veterans’ benefits or associated rights of survivorship. 34 5 For the purpose of construing an individual’s domestic status under the laws of Rhode 1 Island, the United States, and its sovereign states and territories, domestic union shall be 2 interpreted to afford all rights, privileges and obligations concomitant with recognized domestic 3 relations in those jurisdictions, including, but not limited to, the legal status of marriage. 4 Nothing in this act shall affect the validity of existing vital records, marriages, adoptions, 5 divorces, court proceedings and record or any other business or personal relationships. 6 Nothing in this act shall be construed to oppose statutes or precedent governing domestic 7 relations except as related to the recognition of domestic status conferred by a foreign jurisdiction 8 (Rhode Island will afford full faith and credit and expects reciprocity). 9 SECTION 6. All general and public laws affected by this chapter shall be revised, 10 amended, consolidated or conformed by the law revision office. Whenever in general and public 11 laws reference is made to “Marriage” and/or “Married” and/or “Marry” the law revision director 12 shall proceed to the provisions set out in section 22-11-3.4 to change these references to 13 “Domestic Unions”. 14 SECTION 7. This act shall take effect upon passage. 15 16 ======= LC01413 ======= 6 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO DOMESTIC RELATIONS -- DOMESTIC UNIONS *** This act creates a statutory right to enter into domestic unions. 1 This act would take effect upon passage. 2 ======= LC01413 =======