Same-sex marriage in Rhode Island
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Same-sex marriages cannot currently be performed under the laws of the state of Rhode Island. However, several bills are pending before the Rhode Island General Assembly which would provide for same-sex marriage and civil unions under Rhode Island law.
[edit] History
May 17, 2004: Attorney General Patrick C. Lynch issues an advisory opinion that Rhode Island would recognize any legal marriage performed in another state, as long as the marriage is not contrary to the "strong public policy" of Rhode Island. He said that the legislature and courts should decide which types of marriages fall within that category, while adding that same-sex marriages are not included among the types of marriages currently proscribed. While his opinion does not have the force of law, it appears to indicate that Rhode Island would, in fact, recognize valid same-sex marriages performed in Massachusetts or elsewhere.
September 29, 2006: Massachusetts Superior Court Justice Thomas E. Connolly ruled that same-sex couples who live in Rhode Island can marry in Massachusetts. The ruling was a response to a 1913 law that prohibited Massachusetts from performing marriages that were not legal in the couple's home state. The ruling does not legalize same-sex marriage in Rhode Island and Rhode Island's attorney general, Patrick Lynch, said same-sex marriages performed in Massachusetts would not be valid in Rhode Island.[1]
February 20, 2007: Attorney General Patrick Lynch issued an opinion advising that same-sex marriages performed in Massachusetts would be recognized in Rhode Island.[2][3] [4]
December 7, 2007: Rhode Island Supreme Court stated that the family court lacks jurisdiction to hear a divorce petition involving same sex couple who were married in Massachusetts. Chambers v. Ormiston, 935 A.2d 956 (R.I. 2007).
[edit] Recent legislative proposals
A number of bills have been introduced in the Rhode Island General Assembly on the subject of same-sex relationship recognition. Each seeks to do one of the following:
- Allow for same-sex marriage under Rhode Island law; or
- Allow for civil unions but not same-sex marriage; or
- Prohibit same-sex marriage and/or civil unions.
None of the bills looks headed for passage in the 2007-08 legislatue.
2007
January 31 - Senate : SB 202
Proposition in favor of same-sex marriage by Perry (D) & other Ds
February 7 - House : HB 5356
Proposition in favor of civil union Crowley (D) & other Ds., defining marriage as 1 man and 1 woman
February 15 - Senate : SB 687
Proposition against same-sex marriage by Blais (R), thus opposed to SB 202
February 20 :
Patrick Lynch opinion: recognition for Massachusetts marriages. (see here above)
February 28 - House : HB 5643
Proposition to introduce civil union by Ajello (D), McManus (R), Story (R)
March 1 - House : HB 6081
Proposition in favor of same-sex marriage by Ajello (D) & Other Ds.(identical to SB 202)
March 14 - House : HB 6159
Proposition against same-sex marriage by San Bento (D) & other Ds. (identical to SB 687)
March 22 - Senate : = SB 893
Proposition by Senator Blais, to create civil union. It is a complement of his SB No.687.
They all are referred to House or Senate Judiciary Committee.
To follow them : type the bill number (202, 687, 893, 5356, 5643, 6081, 6159) here in the Bills box and press enter.
Summary :
| Intention | House | =? | Senate |
|---|---|---|---|
| In favor of marriage | HB 6081 | === | SB 202 |
| Against marriage | HB 6159 | === | SB 687 |
| In favor of civil union with/if marriage forbidden |
HB 5356 (with) |
=/= | SB 893 (if SB 687) |
| In favor of civil union | HB 5643 | ------ | ------ |
Bills in bold are currently considered ...
Developments :
- SB 202 & SB 687 heard in Senate Judiciary Committee on May 10, are held for further study.
- HB 5356, HB 5643 & HB 6081 are on May 16 schedule of House Judiciary Committee. (365gay.com)
- SB893 & HB6159 are not considered so far (as of May 17, 2007).
[edit] References
- ^ New York Times Rhode Island Couple Wins Same-Sex Marriage Case Accessed November 14, 2006
- ^ Rhode Island Attorney General's opinion letter regarding recognition of out-of-state same-sex marriage.
- ^ New York Times: Attorney General opinion of accepting Massachusetts same-sex marriage.
- ^ GLAD welcomes AG opinion
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