2012 -- H 7753

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LC01571

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO DOMESTIC RELATIONS - CIVIL UNIONS

     Introduced By: Representatives Ferri, Walsh, Edwards, Messier, and Cimini

     Date Introduced: February 16, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 15-3.1-5 of the General Laws in Chapter 15-3.1 entitled "Civil

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Unions" is hereby repealed.

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     15-3.1-5. Conscience and religious organizations protected. -- (a) Notwithstanding any

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other provision of law to the contrary, no religious or denominational organization, no

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organization operated for charitable or educational purpose which is supervised or controlled by

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or in connection with a religious organization, and no individual employed by any of the

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foregoing organizations, while acting in the scope of that employment, shall be required:

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      (1) To provide services, accommodations, advantages, facilities, goods, or privileges for

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a purpose related to the solemnization, certification, or celebration of any civil union; or

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      (2) To solemnize or certify any civil union; or

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      (3) To treat as valid any civil union;

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      if such providing, solemnizing, certifying, or treating as valid would cause such

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organizations or individuals to violate their sincerely held religious beliefs.

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      (b) No organization or individual as described in subsection (a) above who fails or

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refuses to provide, solemnize, certify, or treat as valid, as described in subdivision (a)(1), (a)(2) or

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(a)(3) above, persons in a civil union, shall be subject to a fine, penalty, or other cause of action

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for such failure or refusal.

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     SECTION 2. Chapter 15-3.1 of the General Laws entitled "Civil Unions" is hereby

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amended by adding thereto the following section:

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     15-3.1-5.1. Protection of freedom of religion. – (a) Consistent with the guarantees of

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freedom of religion set forth by both the First Amendment to the United States Constitution and

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Article I, Section 3 of the Rhode Island Constitution, each religious institution has exclusive

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control over its own religious doctrine, policy, and teachings regarding which couples may join

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together 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 which couples may join together within that particular faith’s

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tradition.

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     (b) Consistent with the guarantees of freedom of religion set forth by both the First

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Amendment to the United States Constitution and Article I, Section 3 of the Rhode Island

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Constitution, no regularly licensed or ordained clergyperson, minister, elder, priest, imam, rabbi,

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or similar official of any church or religious denomination as described and authorized in section

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15-3.1-4 of the general laws to officiate at a civil union, is required to solemnize any civil union.

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A regularly licensed or ordained clergyperson, minister, elder, priest, imam, rabbi, or similar

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official of any church or religious denomination shall be immune from any civil claim or cause of

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action based on a refusal to solemnize any civil union under this chapter. No state agency or local

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government may base a decision to penalize, withhold benefits from, or refuse to contract with

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any church or religious denomination on the refusal of a person associated with such church or

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religious denomination to solemnize a civil union under this chapter.

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     (c)(1) No religious organization is required to provide accommodations, facilities,

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advantages, privileges, services, or goods related to the solemnization or celebration of a civil

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union.

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     (2) A religious organization shall be immune from any civil claim or cause of action,

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including a claim pursuant to chapter 11-24 of the general laws, based on its refusal to provide

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accommodations, facilities, advantages, privileges, services, or goods related to the solemnization

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or celebration of a civil union.

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     (3) For purposes of this section, “religious organization” includes, but is not limited to,

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churches, mosques, synagogues, temples, nondenominational ministries, interdenominational and

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ecumenical organizations, mission organizations, faith-based social agencies, and other entities

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whose principal purpose is the study, practice, or advancement of religion.

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     SECTION 3. This act shall take effect upon passage.

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LC01571

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO DOMESTIC RELATIONS - CIVIL UNIONS

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     This act would prohibit governmental intervention or interference with a religious

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institutions’ doctrine, policy and/or teachings with respect to which couples may join together

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within a particular faith’s tradition. This act would also immunize religious organizations and

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officials from any civil claim based on their refusal to solemnize or accommodate a civil union.

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     This act would take effect upon passage.

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LC01571

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