2013 -- S 0708

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LC02071

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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J O I N T R E S O L U T I O N

TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF

AMENDMENTS TO THE CONSTITUTION OF THE STATE (MARRIAGE)

     Introduced By: Senators Ciccone, DiPalma, Ruggerio, Walaska, and McCaffrey

     Date Introduced: March 13, 2013

     Referred To: Senate Judiciary

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     WHEREAS, The issue of state recognition of same-sex marriage has created a division

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between those who propose recognition of such marriages on grounds that the right to marry is a

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fundamental human right which the government must make equally available to all citizens, and

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those who oppose same-sex marriage and believe that requiring governmental recognition of such

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marriages impinges on their right to freedom of religion guaranteed by Article I Section 3 of our

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Constitution; both sides agree, however, on the fundamental importance of marriage to a well-

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ordered and productive society; and

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     WHEREAS, That freedom of religion is constitutionally protected and a bedrock value in

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society and government action which would require people to affirmatively recognize, perform or

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facilitate a form of marriage which is offensive to and forbidden by their religion impinges on

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their right to freedom of religion guaranteed by the First Amendment to the Constitution of the

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United States and Article I Section 3 of the Constitution of Rhode Island; and

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     WHEREAS, Article XIV Section 1 of our Constitution permits the General Assembly to

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draft and recommend a constitutional amendment to balance these important rights and to submit

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it to the people for debate and decision in the general election of 2014.

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     ACCORDINGLY, the General Assembly pursuant to Article XIV Section 1 proposes and

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recommends a constitutional amendment for approval at the general election of 2014 as follows:

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     1. CONSTITUTIONAL AMENDMENT-MARRIAGE

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     Approval of this amendment will recognize and define marriage in the state of Rhode

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Island as a legally recognized union of two (2) people.

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     APPROVE ____________

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     REJECT ____________

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     A new section shall be added to an included in Article I of the Constitution to read as

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follows:

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     Article I:

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     "Section 25. Right to Marry

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     Marriage in this state is the legally-recognized union of two (2) people. The right of the

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people to marry shall not be denied on the basis of the gender of the parties thereto. A marriage

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between persons of the same gender validly entered and certified in another jurisdiction which

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does not otherwise violate the laws or public policy of this state shall not be denied because of the

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gender of the parties thereto.

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     PROVIDED HOWEVER, That a regularly licensed or ordained minister, elder, priest,

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imam, rabbi or similar official of a religious order or body authorized by the rules and customs of

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that order or body to perform a marriage ceremony shall not be required to solemnize or officiate

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in any particular marriage or religious rite of any marriage in violation of the right to free exercise

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of religion guaranteed by the First Amendment to the United States Constitution and by the

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Constitution of Rhode Island. Each religious organization, association or society has exclusive

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control over its own theological doctrines, policy teachings, and beliefs regarding who may marry

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within that faith. An official of a religious order or body authorized to join individuals in

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marriage and who fails or refuses to witness, officiate or perform any marriage shall not be

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subject to any fine or other penalty for that failure or refusal; and

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     PROVIDED FURTHER, That, not withstanding any other provision of law, a religious

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organization, association, society or a fraternal benefit society, and any nonprofit institution or

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organization operated, supervised or controlled by a religious organization, association or society,

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and a fraternal benefit society which is not operated, supervised or controlled by a religious

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organization, association or society but which has among its stated purposes the promotion and

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support or protection of a religious organization, association or society and which restricts

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membership to practicing members of that religious organization, association or society and any

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officer, employee or member thereof, acting in an official capacity on behalf of the entities

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described above, shall not be required to provide services, accommodations, advantages,

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facilities, goods, or privileges to an individual if the request for the services, accommodations,

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advantages, facilities, goods, or privileges is related to: (1) The solemnization of a marriage or

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celebration of a marriage that is in violation of these entities religious beliefs; and (2) The

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promotion of marriage through any social or religious programs or services, in violation of these

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entities' religious beliefs. A refusal by an entity, employee or member described in this section to

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provide services, accommodations, advantages, facilities, goods or privileges in accordance with

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this section shall not create a civil claim or cause of action or result in any state or governmental

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action to penalize, withhold benefits from, or discriminate against the entity or individual; and

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     PROVIDED FURTHER, That a fraternal benefit society that is operated, supervised or

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controlled by a religious organization and a fraternal benefit society which is not operated,

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supervised or controlled by a religious organization but which has among it's stated purposes the

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promotion and support or protection of a religious organization and which restricts membership

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to practicing members of that religious organization and any employee or member thereof, acting

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on behalf of the entities described above, shall not be required to admit any individual as a

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member or to provide benefits to any individual if to do so would violate the society's religious

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be1ief or the religious beliefs of the religious organization to which the members adhere. A

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refusal by a fraternal benefit society member or employee described herein to admit an individual

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as a member or to provide benefits to an individual may not create a civil claim or cause of action

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or constitute the basis for the withholding of governmental benefits or services from the fraternal

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benefit society.

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     PROVIDED FURTHER, That a small business which provides services,

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accommodations, advantages, facilities, goods or privileges for the solemnization or celebration

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of marriage shall not be required to provide such services, accommodations, advantages,

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facilities, goods or privileges if the requested services, accommodations, advantages, facilities,

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goods or privileges are for a ceremony of solemnization or celebration of a marriage which

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violates the small business owner's religious beliefs; and a refusal by a small business to provide

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services, accommodations, advantages, facilities, goods or privileges in accordance with this

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section shall not create a civil claim or cause of action or result in any state or local governmental

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action to penalize, withhold benefits from, or discriminate against the small business. The term

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"small business" as used here shall mean a proprietorship, partnership, corporation, or limited

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liability company, and its employees, acting within the scope of their employment, and its

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officers and directors, acting on behalf of the small business within the scope of their position,

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which has five or less employees.

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     RESOLVED, That the voting places in the several cities and towns shall be kept open

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during the hours required by law for voting therein for general officers of the state; and be it

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further

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     RESOLVED, That the secretary of state shall cause said proposition of amendment to be

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published as a part of this resolution in the newspaper of the state prior to the date of the said

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meetings of the said electors; and said proposition shall be inserted in the warrants or notices to

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district meetings of said electors; the district meetings shall be conducted in the same manner as

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now provided by law for the town, ward, and district meetings for the election of general officers

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of the state.

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LC02071

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