2013 -- H 5056

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LC00154

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO DOMESTIC RELATIONS -- PERSONS ELIGIBLE TO MARRY

     Introduced By: Representative Spencer E. Dickinson

     Date Introduced: January 10, 2013

     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

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

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shall be solemnized among the Jewish people, within the degrees of affinity or consanguinity

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allowed by their religion.

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     SECTION 2. Section 15-2-1 of the General Laws in Chapter 15-2 entitled "Marriage

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Licenses" is hereby amended to read as follows:

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     15-2-1. License required -- Proof of divorce. –- Civil marriage – License required –

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Proof of Divorce. -- (a) Civil marriage is a legal institution recognized by the state in order to

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promote stable relationships and to protect individuals who are in those relationships. The

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institution of marriage also provides important protections for those who are married and their

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families, including not only any children or other dependents they may have, but also members of

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their extended families.

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      (a) (b) Persons intending to be joined together in civil marriage in this state must first

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obtain a license from the clerk of the town or city in which;

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      (1) The female Either party to the proposed marriage resides; or in the city or town in

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which

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      (2) The male party resides, if the female party is a nonresident of this state; or in the city

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or town in which

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      (3) (2) The proposed marriage is to be performed, if both parties are nonresidents of this

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state.

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      (b) (c) Before any license shall be issued to any person who, having been previously

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married, has been divorced, the person shall present to the town or city clerk an authenticated

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copy of the decree granting the divorce.

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     SECTION 3. 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) Consistent with the

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

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Constitution and Article I, Section 3 of the Rhode Island Constitution, 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) 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, ordained clergy, ministers or elders as described and authorized in sections 15-3-5

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and 15-3-6 of the general laws to officiate at a civil marriage shall not be obligated or otherwise

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

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     SECTION 4. Election. – Before equal access to marriage shall be established in the State

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of Rhode Island the following proposition shall be submitted to the qualified electors of the cities

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and towns at the next general election to be held in the State of Rhode Island following passage of

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this act: “Shall an act, passed at the January 2013 session of the general assembly entitled ‘An act

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relating to domestic relations – persons eligible to marry,’ be approved?”

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     The local boards as defined in section 17-1-2 of the general laws, shall forthwith after

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said election notify the secretary of state of the result of the vote upon the question submitted.

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     No expenditures shall be made or contributions received by any person, group,

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corporation, committee or other entity, either in opposition to or in support of this referendum

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unless said person, group, corporation, committee or other entity files all reports, affidavits, and

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other documents required by chapter 17-25. Penalties for violation of the provisions of this

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section shall be as provided for in section 17-25-13.

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     SECTION 5. General election laws to govern. – The election laws so far as consistent

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herewith, shall apply to the election authorized hereunder.

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     SECTION 6. Sections 4 and 5 shall take effect upon passage of this act and the remainder

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of this act shall take effect upon the approval of this act by a majority of those voting on the

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question at the election prescribed by section 5 hereof.

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LC00154

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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 to

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officiate at any particular marriage.

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     Sections 4 through 5 of this act would take effect upon passage and the remainder of this

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act would take effect upon the approval of this act by a majority of those voting on the question in

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the election prescribed by Section 4.

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LC00154

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