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Same-sex marriage in Rhode Island

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This is an old revision of this page, as edited by 121.218.40.222 (talk) at 05:52, 10 October 2007 ('''Same-sex marriage''' is only recognized in Rhode Island state, if same-sex marriage is legal for both parties where it is currently legally performed in. However, several bills are recentl). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Part of the LGBT rights series
Same-sex marriage legal

Recognized

Same-sex marriage not legal, but civil unions or registered partnerships legal
Minimal recognition
See also
Notes
  1. KoN: Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
  14. South Korea: Spousal health insurance benefits
* Not yet in effect
LGBT portal

Same-sex marriage is only recognized in Rhode Island state, if same-sex marriage is legal for both parties where it is currently legally performed in. However, several bills are recently proposed for both marriage and civil unions.

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 : A.G. Patrick Lynch finally issued, after a deep juridical analysis, an opinion that same-sex marriages performed in Massachusetts would be recognized in Rhode Island.[2] [3]

Recent propositions

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).

References

  1. ^ New York Times Rhode Island Couple Wins Same-Sex Marriage Case Accessed November 14, 2006
  2. ^ New York Times : Attorney General opinion of accepting Massachusetts same-sex marriage.
  3. ^ GLAD welcomes AG opinion
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