NY Marriage Equality Bill Introduced-

A8520-2011: Relates to the ability to marry; amends a chapter of the laws of 2011, as proposed in legislative bill number A. 8354, in relation to the statutory construction of such chapter

Versions: A8520-2011

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Relates to the ability to marry; amends a chapter of the laws of 2011, as proposed in legislative bill number A. 8354, in relation to the statutory construction of such chapter.

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Sponsor: O'Donnell / Law Section: Domestic Relations Law

A8520-2011 Actions

• Jun 24, 2011: REFERRED TO JUDICIARY

A8520-2011 Text

S T A T E   O F   N E W   Y O R K
 
                                          8520
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 June 24, 2011
 
 Introduced by M. of A. O'DONNELL -- (at request of the Governor) -- read
 once and referred to the Committee on Judiciary
 AN  ACT  to amend the domestic relations law, in relation to the ability
 to marry; and to amend a chapter of the laws  of  2011,  amending  the
 domestic  relations  law relating to the ability to marry, as proposed
 in legislative bill number A.  8354,  in  relation  to  the  statutory
 construction  of such chapter; and repealing certain provisions of the
 domestic relations law relating to parties to a marriage
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section 10-b of the domestic relations law, as added by a
 chapter of the laws of 2011, amending the domestic relations law  relat
 ing  to  the ability to marry, as proposed in legislative bill number A.
 8354, is REPEALED and a new section 10-b is added to read as follows:

 

S 10-B. RELIGIOUS EXCEPTION. 1. NOTWITHSTANDING ANY  STATE,  LOCAL  OR
 MUNICIPAL LAW, RULE, REGULATION, ORDINANCE, OR OTHER PROVISION OF LAW TO
 THE  CONTRARY,  A RELIGIOUS ENTITY AS DEFINED UNDER THE EDUCATION LAW OR
 SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW, OR A CORPORATION INCORPO
 RATED UNDER THE BENEVOLENT ORDERS LAW OR  DESCRIBED  IN  THE  BENEVOLENT
 ORDERS  LAW  BUT  FORMED  UNDER  ANY  OTHER  LAW  OF  THIS  STATE,  OR A
 NOT-FOR-PROFIT CORPORATION OPERATED,  SUPERVISED,  OR  CONTROLLED  BY  A
 RELIGIOUS CORPORATION, OR ANY EMPLOYEE THEREOF, BEING MANAGED, DIRECTED,
 OR SUPERVISED BY OR IN CONJUNCTION WITH A RELIGIOUS CORPORATION, BENEVO
 LENT  ORDER, OR A NOT-FOR-PROFIT CORPORATION AS DESCRIBED IN THIS SUBDI
 VISION, SHALL NOT  BE  REQUIRED  TO  PROVIDE  SERVICES,  ACCOMMODATIONS,
 ADVANTAGES,  FACILITIES,  GOODS,  OR PRIVILEGES FOR THE SOLEMNIZATION OR
 CELEBRATION OF A MARRIAGE. ANY SUCH REFUSAL TO PROVIDE SERVICES,  ACCOM
 MODATIONS, ADVANTAGES, FACILITIES, GOODS, OR PRIVILEGES SHALL NOT CREATE
 ANY  CIVIL  CLAIM  OR  CAUSE  OF  ACTION OR RESULT IN ANY STATE OR LOCAL
 GOVERNMENT  ACTION  TO  PENALIZE,  WITHHOLD  BENEFITS,  OR  DISCRIMINATE
 AGAINST  SUCH  RELIGIOUS CORPORATION, BENEVOLENT ORDER, A NOT-FOR-PROFIT
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD12066-08-1
        A. 8520                             2
 CORPORATION OPERATED, SUPERVISED, OR CONTROLLED BY  A  RELIGIOUS  CORPO
 RATION,  OR  ANY EMPLOYEE THEREOF BEING MANAGED, DIRECTED, OR SUPERVISED
 BY OR IN CONJUNCTION WITH A RELIGIOUS CORPORATION, BENEVOLENT ORDER,  OR
 A NOT-FOR-PROFIT CORPORATION.
 2.  NOTWITHSTANDING  ANY  STATE, LOCAL OR MUNICIPAL LAW OR RULE, REGU
 LATION, ORDINANCE, OR OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING IN
 THIS ARTICLE SHALL LIMIT OR DIMINISH THE RIGHT, PURSUANT TO  SUBDIVISION
 ELEVEN  OF  SECTION  TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW, OF ANY
 RELIGIOUS OR DENOMINATIONAL INSTITUTION OR ORGANIZATION, OR  ANY  ORGAN
 IZATION  OPERATED FOR CHARITABLE OR EDUCATIONAL PURPOSES, WHICH IS OPER
 ATED, SUPERVISED OR CONTROLLED BY OR  IN  CONNECTION  WITH  A  RELIGIOUS
 ORGANIZATION, TO LIMIT EMPLOYMENT OR SALES OR RENTAL OF HOUSING ACCOMMO
 DATIONS  OR ADMISSION TO OR GIVE PREFERENCE TO PERSONS OF THE SAME RELI
 GION OR DENOMINATION OR FROM TAKING SUCH ACTION AS IS CALCULATED BY SUCH
 ORGANIZATION TO PROMOTE THE RELIGIOUS PRINCIPLES FOR WHICH IT IS  ESTAB
 LISHED OR MAINTAINED.
 3.  NOTHING  IN THIS SECTION SHALL BE DEEMED OR CONSTRUED TO LIMIT THE
 PROTECTIONS AND EXEMPTIONS OTHERWISE PROVIDED TO RELIGIOUS ORGANIZATIONS
 UNDER SECTION THREE OF ARTICLE ONE OF THE CONSTITUTION OF THE  STATE  OF
 NEW YORK.
 

S  2.  Subdivision 1-a of section 11 of the domestic relations law, as
 added by a chapter of the laws of 2011, amending the domestic  relations
 law  relating  to  the ability to marry, as proposed in legislative bill
 number A.8354, is amended to read as follows:

 1-a. A refusal by a clergyman or minister as defined in section two of
 the religious corporations law, or Society for Ethical Culture leader to
 solemnize any marriage under this subdivision shall not create  a  civil
 claim  or  cause  of  action  OR RESULT IN ANY STATE OR LOCAL GOVERNMENT
 ACTION TO PENALIZE, WITHHOLD BENEFITS OR DISCRIMINATE AGAINST SUCH CLER
 GYMAN OR MINISTER.
 

S 3. A chapter of the laws of 2011, amending  the  domestic  relations
 law  relating  to  the ability to marry, as proposed in legislative bill
 number A. 8354, is amended by adding  a  new  section  5-a  to  read  as
 follows:

 

S 5-A. THIS ACT IS TO BE CONSTRUED AS A WHOLE, AND ALL PARTS OF IT ARE
 TO  BE  READ  AND CONSTRUED TOGETHER.   IF ANY PART OF THIS ACT SHALL BE
 ADJUDGED BY ANY COURT OF  COMPETENT  JURISDICTION  TO  BE  INVALID,  THE
 REMAINDER  OF  THIS  ACT SHALL BE INVALIDATED.   NOTHING HEREIN SHALL BE
 CONSTRUED TO AFFECT THE PARTIES' RIGHT TO APPEAL THE MATTER.
 

S 4. This act shall take effect on the same date as  such  chapter  of
 the laws of 2011, takes effect.