Rhode Island - AN ACT RELATING TO DOMESTIC RELATIONS - PERSONS ELIGIBLE TO MARRY. lyrics

2013 -- H 5015 SUBSTITUTE A STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, AD 2013 AN ACT RELATING TO DOMESTIC RELATIONS - PERSONS ELIGIBLE TO MARRY. Introduced By: Representatives Handy, Fox, Mattiello, Ferri, and Ruggiero It is enacted by the General Assembly as follows: SECTION 1. Sections 15-1-1, 15-1-2, 15-1-3, 15-1-4 and 15-1-5 of the General Laws in Chapter 15-1 entitled "Persons Eligible to Marry" are hereby amended to read as follows: 15-1-1. Equal access to marriage - Any person who otherwise meets the eligibility requirements of chapters 15-1 and 15-2 may marry any eligible person regardless of gender. 15-1-2. Marrying kindred forbidden.-- No person shall marry his or her sibling, parent, grandparent, child, grandchild, stepparent, grandparents' spouse, spouse's child, spouse's grandchild, sibling's child, or parent's sibling. 15-1-3. Incestuous marriages void. -- If any person intermarries within the degrees stated in section 15-1-2, the marriage shall be null and void. 15-1-4. Marriages of kindred allowed by Jewish religion. -- The provisions of sections 15-1-2 and 15-1-3 shall not extend to, or in any way affect, any marriage which shall be solemnized among the Jewish people, within the degrees of affinity or consanguinity allowed by their religion. 15-1-5. Bigamous marriages void -- Marriage of persons who are mentally incompetent. – A person is prohibited from marrying if such person is: (1) A party to another marriage; or (2) A party to a relationship that provides substantially the same rights, benefits and responsibilities as a marriage whether entered into in this state or another state or jurisdiction, and such marriage or relationship has not been finally dissolved, unless the parties to the intended marriage will be the same as the parties to such other marriage or relationship. Any marriage, entered in violation of this prohibition, and any marriage where either of the parties is mentally incompetent at the time of the marriage, shall be absolutely void, and no life estate created by chapter 25 of title 33 shall be a**igned to any surviving spouse in consequence of the marriage. SECTION 2. Chapter 15-1 of the General Laws entitled "Persons Eligible to Marry" is hereby amended by adding thereto the following sections: 15-1-7. Marriage codification. – Marriage is the legally recognized union of two (2) people. Terms relating to the marital relationship or familial relationships shall be construed consistently with this section for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law, or any other source of civil law. 15-1-8. Recognition of relationships entered into in another state or jurisdiction. – If two (2) persons are within the jurisdiction of Rhode Island and have a legal union other than a marriage that provides substantially the same rights, benefits and responsibilities as a marriage and the union was validly entered into in another state or jurisdiction and the union is not prohibited by this chapter then they shall be afforded the same rights, benefits and responsibilities as a valid marriage in this state. 15-1-9. Applicability of state laws to marriages not recognized by federal law. – (a) Any provision of Rhode Island law that refers to, adopts, or relies upon provisions of federal law, including, but not limited to, those in title 44, shall apply to parties recognized as married under the laws of this state, as if federal laws recognized such marriages in the same manner as Rhode Island law. (b) Notwithstanding the unavailability of federal financial participation, no person who is recognized as a spouse under the laws of this state shall be denied benefits that are otherwise available to spouses under Rhode Island law, including, but not limited to, those in chapters 40-8 to 40-8.10 inclusive, due to the provisions of 1 U.S.C. section 7 or any other federal non-recognition of spouses of the same s**. SECTION 3. Sections 15-2-1, 15-2-7 and 15-2-11 of the General Laws in Chapter 15-2 entitled "Marriage Licenses" are hereby amended to read as follows: 15-2-1. License required -- Proof of divorce – Obligation of clerk to issue license. -- (a) Persons intending to be joined together in marriage in this state must first obtain a license from the clerk of the town or city in which: (1) Either party to the proposed marriage resides; or (2) The proposed marriage is to be performed, if both parties are nonresidents of this state. (b) Before any license shall be issued to any person who, having been previously married, or a party to another relationship that provides substantially the same rights, benefits and responsibilities as a marriage, has been divorced, the person shall present to the town or city clerk an authenticated copy of the decree granting the divorce or an authenticated copy of the final dissolution of the previous relationship. (c) The town or city clerk shall issue a license to any person eligible to marry under the provisions of chapter 15-1. 15-2-7. Form and contents of certificates, reports, and other returns. -- The forms of certificates, reports, and other returns required by this chapter, or by regulations adopted pursuant to this chapter, shall include as a minimum the items recommended by the federal agency responsible for national vital statistics, subject to approval of and modification by the state director of health. Both parties shall subscribe to the truth of data in the application in the presence of the local registrar or his or her a**istant. 15-2-11. Consent and procedure required for license to minors and persons under guardianship. -- (a) No minor or person under the control of a parent or guardian shall be allowed to give and subscribe to the information provided for in sections 15-2-1 -- 15-2-10, or shall receive the license provided for in these sections, unless the consent in writing of the parent or guardian, given in the presence of the town or city clerk or any clerk employed in that office, has first been obtained; provided, that proof shall be submitted that the minor has attained the age of sixteen (16) years; and provided, that this information may be given and subscribed to by a minor who has attained the age of sixteen (16) years, residing in this state upon the consent in writing of the director of public welfare of the town or city in which the minor resides, given in the presence of the town or city clerk or any clerk employed in that office. (b) In addition to the requirements in subsection (a) of this section, no license shall be issued to any minor under the age of sixteen (16) years unless and until the following requirements have been complied with, and the town or city clerk is directed in writing to issue the license by the family court: (1) The town or city clerk, upon receiving information provided for in sections 15-2-1 through 15-2-10, shall immediately transmit a certified copy of the information to the family court. The court shall immediately transmit a copy of the information, together with a written request for a complete investigation of and a report upon the advisability of the issuance of the license, to the department of human services. The department shall within fifteen (15) days after the receipt of the information, the request, and the report file in the court its complete report in writing. (2) The court shall then conduct a hearing in chambers to determine the advisability of the issuance of the license and shall notify the town or city clerk of its determination. The court shall have the power to summon at the hearing any persons that it may deem advisable. (3) The court shall also file the report and a notation of its determination in the office of the clerk of the court, but any papers filed at the office of the clerk shall not be matters of public record and may be examined only upon the written authorization of the court. (4) During the pendency of the proceedings, the court shall exercise the authority of a guardian in respect to the minor or minors involved. SECTION 4. Chapter 15-3 of the General Laws entitled "Solemnization of Marriages" is hereby amended by adding thereto the following section: 15-3-6.1. Protection of freedom of religion in marriage. – (a) Consistent with the guarantees of freedom of religion set forth by both the First Amendment to the United States constitution and article I, section 3 of the Rhode Island constitution, each religious institution has exclusive control over its own religious doctrine, policy, and teachings regarding who may marry within their faith, and on what terms, as long as such policies are consistent with sections 15-1-2, 15-1-3, 15-1-4 and 15-1-5. No court or other state or local governmental body, entity, agency or commission shall compel, prevent, or interfere in any way with any religious institution's decisions about marriage eligibility within that particular faith's tradition. (b) Consistent with the guarantees of freedom of religion set forth by both the first amendment to the United States constitution and article I, section 3 of the Rhode Island constitution, no regularly licensed or ordained clergyperson, minister, elder, priest, imam, rabbi, or similar official of any church or religious denomination as described and authorized in sections 15-3-5 and 15-3-6 of the general laws to officiate at a civil marriage, is required to solemnize any marriage. A regularly licensed or ordained clergyperson, minister, elder, priest, imam, rabbi, or similar official of any church or religious denomination shall be immune from any civil claim or cause of action based on a refusal to solemnize any marriage under this chapter. No state agency or local government may base a decision to penalize, withhold benefits from, or refuse to contract with any church or religious denomination on the refusal of a person a**ociated with such church or religious denomination to solemnize a marriage under this chapter. SECTION 5. Chapter 15-3.1 of the General Laws entitled "Civil Unions" is hereby amended by adding thereto the following sections: 15-3.1-12. Merger of civil union into marriage by operation of law – Exception. -- (a) Two (2) persons who are parties to a civil union entered into pursuant to this chapter that has not been dissolved or annulled by the parties or merged into a marriage by action of the parties under section 15-3.1-13 as of January 1, 2014, shall be deemed to be married under chapter 15-1 et seq., as amended herein, on said date and such civil union shall be merged into such marriage by operation of law as of the date of the original civil union. (b) Notwithstanding the provisions of subsection (a) of this section, the parties to a civil union with respect to which a proceeding for dissolution, annulment or legal separation is pending on January 1, 2014, shall not be deemed to be married on said date and such civil union shall not be merged into such marriage by operation of law but shall continue to be governed by the provisions of the general statutes applicable to civil unions in effect prior to January 1, 2014. 15-3.1-13. Merger of civil union into marriage by action of the parties. – (a) On and after the effective date of this section, and prior to January 1, 2014, two (2) persons who are parties to a civil union entered into pursuant to this chapter may apply for and be issued a marriage license and have such marriage solemnized pursuant to chapters 15-1 to 15-3 of the general laws, provided such persons are otherwise eligible to marry under chapter 15-1 as amended herein, and the parties to the marriage will be the same as the parties to the civil union. After the solemnization of such marriage, and upon the filing of the license and certificate of marriage with the clerk in the town or city from which the license was issued pursuant to section 15-2-1, the civil union of such persons shall be merged into the marriage by operation of law as of the date of the original civil union. (b) Such parties may also apply by January 1, 2014 to the clerk of the town or city in which their civil union is recorded to have their civil union legally designated and recorded as a marriage, without any additional requirements of payment of marriage licensing fees or solemnization contained in chapters 15-1 to 15-3 of the general laws, provided that such parties' civil union was not previously dissolved or annulled. Upon application, the parties shall be issued a marriage certificate and the civil union of such persons shall be merged into the marriage by operation of law as of the date of the original civil union. 15-3.1-14. Recognized date of marriage. – For purposes of determining the legal rights and responsibilities involving individuals who previously entered into a civil union in this state, and whose civil union has merged into a marriage under this chapter, the date of the original civil union shall be the operative date by which legal rights and responsibilities are determined. SECTION 6. Sections 15-3.1-3, 15-3.1-4, 15-3.1-5 and 15-3.1-8 of the General Laws in Chapter 15-3.1 entitled "Civil Unions" are hereby repealed. SECTION 7. Severability. If any provision of the act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provisions or applications of this act, which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. SECTION 8. This act shall take effect upon pa**age. EXPLANATION BY THE LEGISLATIVE COUNCIL OF AN ACT RELATING TO DOMESTIC RELATIONS - PERSONS ELIGIBLE TO MARRY. *** This act would allow any two (2) individuals, who are otherwise eligible under chapter 15-1, to marry regardless of gender, while protecting the freedom of religious institutions to make their own decisions regarding marriage eligibility within their own faith's tradition, without interference from the state. This act would also prohibit any state agency or local government from penalizing any clergy for refusing to solemnize a marriage under this chapter. This act would further recognize a legal union that provides substantially the same rights, benefits and responsibilities as a marriage and that was validly entered into in another jurisdiction, such as a civil union from another state, as a marriage in Rhode Island. It would clarify that all terms in Rhode Island general laws relating to the marital relationship should be construed consistent with this act. This act would allow parties to merge an existing civil union into a marriage until January 1, 2014, at which point all existing civil unions not currently in a dissolution proceeding will be merged into a marriage by operation of law. Finally, this act would repeal section 15-3.1-3, 15-3.1-4, 15-3.1-5 and 15-3.1-8 of the general laws, which relate to licensing and other matters regarding civil unions only. Upon enactment, civil unions will no longer be licensed in Rhode Island. This act would take effect upon pa**age.