Bill Text: NY S05857 | 2011-2012 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2011-06-24 - REFERRED TO RULES [S05857 Detail]

Download: New_York-2011-S05857-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5857
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     June 24, 2011
                                      ___________
       Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
         twice  and  ordered  printed,  and when printed to be committed to the
         Committee on Rules
       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:
    1    Section 1. Section 10-b of the domestic relations law, as added  by  a
    2  chapter  of the laws of 2011, amending the domestic relations law relat-
    3  ing to the ability to marry, as proposed in legislative bill  number  A.
    4  8354, is REPEALED and a new section 10-b is added to read as follows:
    5    S  10-B.  RELIGIOUS  EXCEPTION. 1. NOTWITHSTANDING ANY STATE, LOCAL OR
    6  MUNICIPAL LAW, RULE, REGULATION, ORDINANCE, OR OTHER PROVISION OF LAW TO
    7  THE CONTRARY, A RELIGIOUS ENTITY AS DEFINED UNDER THE EDUCATION  LAW  OR
    8  SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW, OR A CORPORATION INCORPO-
    9  RATED  UNDER  THE  BENEVOLENT  ORDERS LAW OR DESCRIBED IN THE BENEVOLENT
   10  ORDERS LAW  BUT  FORMED  UNDER  ANY  OTHER  LAW  OF  THIS  STATE,  OR  A
   11  NOT-FOR-PROFIT  CORPORATION  OPERATED,  SUPERVISED,  OR  CONTROLLED BY A
   12  RELIGIOUS CORPORATION, OR ANY EMPLOYEE THEREOF, BEING MANAGED, DIRECTED,
   13  OR SUPERVISED BY OR IN CONJUNCTION WITH A RELIGIOUS CORPORATION, BENEVO-
   14  LENT ORDER, OR A NOT-FOR-PROFIT CORPORATION AS DESCRIBED IN THIS  SUBDI-
   15  VISION,  SHALL  NOT  BE  REQUIRED  TO  PROVIDE SERVICES, ACCOMMODATIONS,
   16  ADVANTAGES, FACILITIES, GOODS, OR PRIVILEGES FOR  THE  SOLEMNIZATION  OR
   17  CELEBRATION  OF A MARRIAGE. ANY SUCH REFUSAL TO PROVIDE SERVICES, ACCOM-
   18  MODATIONS, ADVANTAGES, FACILITIES, GOODS, OR PRIVILEGES SHALL NOT CREATE
   19  ANY CIVIL CLAIM OR CAUSE OF ACTION OR  RESULT  IN  ANY  STATE  OR  LOCAL
   20  GOVERNMENT  ACTION  TO  PENALIZE,  WITHHOLD  BENEFITS,  OR  DISCRIMINATE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12066-08-1
       S. 5857                             2
    1  AGAINST SUCH RELIGIOUS CORPORATION, BENEVOLENT ORDER,  A  NOT-FOR-PROFIT
    2  CORPORATION  OPERATED,  SUPERVISED,  OR CONTROLLED BY A RELIGIOUS CORPO-
    3  RATION, OR ANY EMPLOYEE THEREOF BEING MANAGED, DIRECTED,  OR  SUPERVISED
    4  BY  OR IN CONJUNCTION WITH A RELIGIOUS CORPORATION, BENEVOLENT ORDER, OR
    5  A NOT-FOR-PROFIT CORPORATION.
    6    2. NOTWITHSTANDING ANY STATE, LOCAL OR MUNICIPAL LAW  OR  RULE,  REGU-
    7  LATION, ORDINANCE, OR OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING IN
    8  THIS  ARTICLE SHALL LIMIT OR DIMINISH THE RIGHT, PURSUANT TO SUBDIVISION
    9  ELEVEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE  LAW,  OF  ANY
   10  RELIGIOUS  OR  DENOMINATIONAL INSTITUTION OR ORGANIZATION, OR ANY ORGAN-
   11  IZATION OPERATED FOR CHARITABLE OR EDUCATIONAL PURPOSES, WHICH IS  OPER-
   12  ATED,  SUPERVISED  OR  CONTROLLED  BY  OR IN CONNECTION WITH A RELIGIOUS
   13  ORGANIZATION, TO LIMIT EMPLOYMENT OR SALES OR RENTAL OF HOUSING ACCOMMO-
   14  DATIONS OR ADMISSION TO OR GIVE PREFERENCE TO PERSONS OF THE SAME  RELI-
   15  GION OR DENOMINATION OR FROM TAKING SUCH ACTION AS IS CALCULATED BY SUCH
   16  ORGANIZATION  TO PROMOTE THE RELIGIOUS PRINCIPLES FOR WHICH IT IS ESTAB-
   17  LISHED OR MAINTAINED.
   18    3. NOTHING IN THIS SECTION SHALL BE DEEMED OR CONSTRUED TO  LIMIT  THE
   19  PROTECTIONS AND EXEMPTIONS OTHERWISE PROVIDED TO RELIGIOUS ORGANIZATIONS
   20  UNDER  SECTION  THREE OF ARTICLE ONE OF THE CONSTITUTION OF THE STATE OF
   21  NEW YORK.
   22    S 2.  Subdivision 1-a of section 11 of the domestic relations law,  as
   23  added  by a chapter of the laws of 2011, amending the domestic relations
   24  law relating to the ability to marry, as proposed  in  legislative  bill
   25  number A.8354, is amended to read as follows:
   26    1-a. A refusal by a clergyman or minister as defined in section two of
   27  the religious corporations law, or Society for Ethical Culture leader to
   28  solemnize  any  marriage under this subdivision shall not create a civil
   29  claim or cause of action OR RESULT IN  ANY  STATE  OR  LOCAL  GOVERNMENT
   30  ACTION TO PENALIZE, WITHHOLD BENEFITS OR DISCRIMINATE AGAINST SUCH CLER-
   31  GYMAN OR MINISTER.
   32    S  3.  A  chapter of the laws of 2011, amending the domestic relations
   33  law relating to the ability to marry, as proposed  in  legislative  bill
   34  number  A.  8354,  is  amended  by  adding  a new section 5-a to read as
   35  follows:
   36    S 5-A. THIS ACT IS TO BE CONSTRUED AS A WHOLE, AND ALL PARTS OF IT ARE
   37  TO BE READ AND CONSTRUED TOGETHER.  IF ANY PART OF  THIS  ACT  SHALL  BE
   38  ADJUDGED  BY  ANY  COURT  OF  COMPETENT  JURISDICTION TO BE INVALID, THE
   39  REMAINDER OF THIS ACT SHALL BE INVALIDATED.   NOTHING  HEREIN  SHALL  BE
   40  CONSTRUED TO AFFECT THE PARTIES' RIGHT TO APPEAL THE MATTER.
   41    S  4.  This  act shall take effect on the same date as such chapter of
   42  the laws of 2011, takes effect.
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