2001 -- S 0880
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LC02730
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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. 2001
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A N A C T
RELATING TO DOMESTIC RELATIONS -- PERSONS ELIGIBLE TO MARRY
Introduced By: Senators Roney, Perry and Irons
It is enacted by the General Assembly as follows:
SECTION 1. Title 15 of the General Laws entitled "Domestic Relations" is hereby amended by adding thereto the following chapter:
CHAPTER 15-28
CIVIL UNIONS
15-28-1. Purpose. - The purpose of this act is to provide eligible couples the opportunity to obtain the same benefits, protections and responsibilities afforded by the laws of the state of Rhode Island to married couples.
15-28-2. Civil unions. -- (a) Definitions. As used in this chapter: (1) "Civil union" means that two (2) eligible persons have established a relationship pursuant to this chapter, and may receive the benefits and protections and be subject to the responsibilities of spouses.
(2) "Spouse in a civil union" or "spouse joined in a civil union" means a person who has established a civil union pursuant to this chapter and Rhode Island general laws chapter 15-1.
(3) "Certificate of civil union" means a document that certifies that the persons named on the certificate have complied with the laws of the state of Rhode Island to establish a civil union in compliance with this chapter.
15-28-3. Requests of a valid civil union. -- Two (2) persons may form a civil union if they meet the following criteria and those set forth in chapter 15-1.
(1) Not be within the degree of consanguinity defined for a man or woman.
(b) Not be in a civil union or marriage with any other living person.
(c) Not be under eighteen (18) years of age.
15-28-4. Benefits, protections and responsibilities of persons joined in civil union. - -
(a) A civil union provides those joined in it with a legal status equivalent to marriage and shall be treated under law, whether defined by statute, adminsitrative or court rule, policy, common law or any other source of civil law, as a marriage. All laws of the state of Rhode Island, whether they derive from statute, administrative or court rule, policy, common law or any other source of civil law, applicable to marriage shall also be applicable to civil unions.
(b) Spouses joined in a civil union shall have all the same benefits, protections and responsibilities under law, whether they derive from statute, administrative or court rule, policy, common law or any other source of civil law, as are granted to spouses in a marriage.
(c) Spouses joined in a civil union shall be included in any definition or use of the terms "spouse," "family," "immediate family," "dependent," "next of kin," "husband," "wife," and other terms that denote the spousal relationship, as those terms are used throughout the law.
(d) The term "marriage" as it is used throughout the law, whether in statutes, administrative or court rule, policy, common law or any other source of civil law, including without limitation shall be read, interpreted, and understood to include marriage and civil union.
(e) Spouses joined in a civil union shall be responsible for the support of one another to the same degree and in the same manner as prescribed under law for married persons.
(f) The law of domestic relations, including annulment, separation and divorce, child custody and support, and property division and maintenance shall apply to parties to a civil union.
(g) The following is a nonexclusive list of legal benefits, protections and responsibilities of spouses in a marriage, which shall apply in like manner to parties to a civil union:
(1) Laws relating to title, tenure, descent and distribution, in estate succession, or transfer of real or personal property;
(2) Causes of action related to or dependent upon spousal status, including actions for wrongful death, emotional distress, loss of consortium or other torts or actions under contracts, related to, or dependent upon spousal status;
(3) Probate and family law and procedure;
(4) Group insurance for state and municipal employees;
(5) Veteran benefits as provided in chapter 30-1;
(6) Workers' compensation as provided in chapter 28-1;
(7) Assignment of wages as provided in chapter 15-5;
(8) Descent and distribution of real and personal property as provided in chapter 33-1;
(9) Divorce procedures as provided in chapter 15-5;
15-28-5. Incorporation of federal provisions. -- To the extent any of the general laws adopt, refers to, or relies upon provisions of the federal law as applicable to Rhode Island, parties joined in civil unions shall be treated under the law of the state of Rhode Island as if federal law recognized a civil union in the same manner as the law of the state of Rhode Island.
15-28-6. Construction. - - (a) This chapter shall be construed liberally in order to secure to eligible couples the option of a legal status with all the attributes and effects, and benefits and protections of civil marriage. Spouses joined in civil union shall have all of the same benefits, protections and responsibilities under state law, whether derived from statute, administrative or court rule, policy, common law or any other source of civil law, as are granted to spouses in marriage.
(b) This chapter is intended to extend to spouses in a civil union the benefits, protections and responsibilities that flow from marriage.
15-28-7. Severability. -- The provisions of this chapter are severable. If any provision of this chapter is invalid, or if any application thereof to any person or circumstance is invalid, the invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application.
SECTION 2. This act shall take effect upon passage.
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LC02730
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO DOMESTIC RELATIONS -- PERSONS ELIGIBLE TO MARRY
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This act would permit eligible couples to attain benefits and protections of married couples.
This act would take effect upon passage.