2013 -- S 0708 SUBSTITUTE A

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LC02071/SUB A/2

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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

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

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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 and 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 consistent with the guarantees of freedom of religion set

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forth by both the First Amendment to the United States constitution and article I, section 3 of the

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Rhode Island constitution, each religious institution has exclusive control over its own religious

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doctrine, policy, and teachings regarding who may marry within its faith, and on what terms, as

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long as such policies are consistent with sections 15-1-2, 15-1-3, 15-1-4 and 15-1-5. No court or

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other state or local governmental body, entity, agency or commission shall compel, prevent, or

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interfere in any way with any religious institution’s decisions about marriage eligibility within

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that particular faith’s tradition; and

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     PROVIDED FURTHER, That consistent with the guarantees of freedom of religion set

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forth by both the First Amendment to the United States constitution and article I, section 3 of the

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Rhode Island constitution, no regularly licensed or ordained clergyperson, minister, elder, priest,

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imam, rabbi, or similar official of any church or religious denomination as described and

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authorized in sections 15-3-5 and 15-3- 6 of the general laws to officiate at a civil marriage, is

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required to solemnize any marriage. A regularly licensed or ordained clergyperson, minister,

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elder, priest, imam, rabbi, or similar official of any church or religious denomination shall be

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immune from any civil claim or cause of action based on a refusal to solemnize any marriage

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under this chapter. No state agency or local government may base a decision to penalize,

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withhold benefits from, or refuse to contract with any church or religious denomination upon the

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refusal of a person associated with such church or religious denomination to solemnize a marriage

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under this chapter; and

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     PROVIDED FURTHER, That notwithstanding any other provision of law, a religious

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organization, association, or society, and any nonprofit institution or organization operated,

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supervised or controlled by a religious organization, association or society, or a fraternal benefit

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or service organization that has among its stated purposes the promotion and support or protection

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of a religious organization, association or society and that restricts membership to practicing

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members of that religious organization, association or society, shall not be required to provide

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

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request for such services, accommodations, advantages, facilities, goods, or privileges is related

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to: (1) The solemnization of a marriage or the celebration of a marriage, and such solemnization

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or celebration is in violation of its religious beliefs and faith; or (2) The promotion of marriage

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through any social or religious programs or services, which violates the religious doctrine or

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teachings of religious organization, association or society. Any refusal by an entity described

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above or an officer, employee or member thereof acting in an official capacity on behalf of that

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entity to provide services, accommodations, advantages, facilities, goods, or privileges in

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accordance with this subsection shall not create any civil claim or cause of action. This subsection

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shall not be construed to limit a religious organization, association, or society, or a fraternal

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benefit or service organization as described in this subsection, from selectively providing

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services, accommodations, advantages, facilities, goods, or privileges to some individuals with

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respect to the solemnization or celebration of a marriage but not to others; and

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     PROVIDED FURTHER, That Nothing in the marriage laws of this state shall be deemed

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or construed to limit the protections and exemptions provided to religious organizations under

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G.L. paragraph 28-5-6(7)(ii) and subsection 34-37-4.2(a); and

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     PROVIDED FURTHER, That a fraternal benefit or service organization that is operated,

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supervised or controlled by a religious organization and a fraternal benefit or service organization

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which has among its stated purposes the promotion, support or protection of a religious

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organization and which restricts its membership to practicing members of that religious

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organization shall not be required to admit any individual as a member or to provide benefits to

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any individual. A refusal by a fraternal benefit or service organization or by a member, officer or

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employee thereof acting in an official capacity on behalf of a society described herein, to admit

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an individual as a member or to provide benefits related to a marriage which is in violation of the

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religious doctrine or teachings of the religious organization to which its members are required to

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adhere, shall not create a civil claim or result in any government action to penalize, withhold

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benefits from the fraternal benefit or service organization or discriminate against a society or a

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member, officer or employee described herein.

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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/SUB A/2

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