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the domestic relations law relat- 3 ing to the ability to marry, as proposed in legislative bill number A. 4 8354, is REPEALED and a new section 10-b is added to read as follows: 5 S 10-B. RELIGIOUS EXCEPTION. 1.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.