2006 -- H 6925

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2006

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A N A C T

RELATING TO DOMESTIC RELATIONS -- PERSONS ELIGIBLE TO MARRY

     Introduced By: Representatives Handy, Fox, Ajello, E Coderre, and Moura

     Date Introduced: January 26, 2006

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 15-1-1, 15-1-2, 15-1-3 and 15-1-4 of the General Laws in Chapter

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15-1 entitled "Persons Eligible to Marry" are hereby amended to read as follows:

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     15-1-1. Men forbidden to marry kindred. Equal access to marriage. -- No man shall

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marry his mother, grandmother, daughter, son's daughter, daughter's daughter, stepmother,

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grandfather's wife, son's wife, son's son's wife, daughter's son's wife, wife's mother, wife's

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grandmother, wife's daughter, wife's son's daughter, wife's daughter's daughter, sister, brother's

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daughter, sister's daughter, father's sister, or mother's sister. Any person who otherwise meets the

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eligibility requirements of chapters 15-1 and 15-2 may marry any other eligible person regardless

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of gender.

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     15-1-2. Women forbidden to marry kindred. Marrying kindred forbidden. -- No

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woman shall marry her father, grandfather, son, son's son, daughter's son, stepfather,

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grandmother's husband, daughter's husband, son's daughter's husband, daughter's daughter's

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husband, husband's father, husband's grandfather, husband's son, husband's son's son, husband's

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daughter's son, brother, brother's son, sister's son, father's brother, or mother's brother. No person

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shall marry his or her parent, grandparent, child, grandchild, stepparent, grandparent's spouse,

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child's spouse, grandchild's spouse, spouse's parent, spouse's grandparent, spouse's child, spouse's

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grandchild, sibling, sibling's child or parent's sibling.

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     15-1-3. Incestuous marriages void. -- If any man or woman person intermarries within

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the degrees stated in section 15-1-1 or section 15-1-2, the marriage shall be null and void.

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     15-1-4. Marriages of kindred allowed by Jewish religion. -- The provisions of sections

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15-1-1 -- 15-1-3 15-1-2 shall not extend to, or in any way affect, any marriage which shall be

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solemnized among the Jewish people, within the degrees of affinity or consanguinity allowed by

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their religion.

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     SECTION 2. Chapter 15-3 of the General Laws entitled "Solemnization of Marriages" is

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hereby amended by adding thereto the following section:

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     15-3-5.1. Protection of freedom of religion in marriage. – (a) Each religious institution

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has exclusive control over its own religious doctrine, policy, and teachings regarding who may

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marry within their faith, and on what terms. No court or other state or local governmental body,

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entity, agency or commission shall compel, prevent, or interfere in any way with any religious

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institution's decisions about marriage eligibility within that particular faith's tradition.

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     (b) Clergy persons as described in section 15-3-5 or 15-3-6 of the general laws or other

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persons otherwise authorized under law to officiate at a civil marriage shall not be obligated or

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otherwise required by law to officiate at any particular civil marriage or religious rite of marriage.

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     SECTION 3. This act shall take effect upon passage.

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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 broaden the definition of persons eligible to marry to include persons of

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the same gender. This act would also provide that members of the clergy would not be required

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to officiate at any particular marriage.

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     This act would take effect upon passage.

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