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Civil Unions in Rhode Island

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In June 2011, the Rhode Island General Assembly passed a bill to establish civil unions beginning on July 1.[1][2] This bill emerged as a compromise following a contentious debate about legalizing same-sex marriage.[3] Gay advocacy groups called on Rhode Island Governor Lincoln Chafee to veto the bill over concerns that it would allow religious institutions, including religious hospitals, to ignore civil unions. Groups opposed to same-sex marriage said that the bill was a means to legalize same-sex marriage at a later date.[1] Governor Chafee signed the bill on July 2, 2011 and the bill retroactively took effect on July 1, 2011.[4]

History

In September 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 impel the state to grant same-sex marriages in Rhode Island.[5]

In February 2007, Attorney General Patrick C. Lynch issued an opinion advising that same-sex marriages performed in Massachusetts be recognized in Rhode Island. He said that "his interpretation permitted recognition of the marriages, although he acknowledged that it was just an opinion and did not have the force of law."[6]

In December 2007, the Rhode Island Supreme Court stated, in a 3–2 opinion, that the state's Family Court lacks jurisdiction to hear a divorce petition involving same-sex couple who were married in Massachusetts.[7].

2011 legislation

In early 2011, an effort to legalize same-sex marriage in the state began with the introduction of a bill to that effect. Governor Lincoln Chafee (Independent; inaugurated January 2011) had indicated that he would sign the bill, if approved by the state legislature.[8] In April 2011, the effort appeared to stall due to lack of support in the legislature.[9]

In May 2011, a bill to legalize civil unions (rather than full gender-neutral marriage) was introduced in the Rhode Island General Assembly.[10] On May 19, 2011, the bill passed the Rhode Island House of Representatives by a vote of 62 to 11 (with 2 Representatives not voting).[11] The Rhode Island Senate then passed the full Senate in a vote of 21–16 on June 29, 2011.[1] The governor signed the bill on July 2, 2011, and the bill retroactvely took effect on July 1, 2011.[12][2] Marriage Equality for Rhode Island, Freedom to Marry, the Human Rights Campaign, and other organizations opposed the bill, stating that the exemptions the bill provides to religious organizations are discriminatory, and Donna Nesselbush, the only openly gay member of the state senate, voted against it.[13]

Public opinion

An independent May 2009 poll conducted by Brown University showed that 60% of Rhode Islanders supported legalizing same-sex marriage, while 31% opposed doing so.[14]

Various polls have been commissioned by participants in the same-sex marriage debate, including Rhode Island Gay & Lesbian Advocates & Defenders and the National Organization for Marriage (NOM), which opposes same-sex marriage. The poll results reflect different question wording and sampling, with NOM's polls generally showing far weaker support for same-sex marriage than other polls.[15]

Forty-three percent of Rhode Islanders are Catholic,[16] and one survey showed that 63% of Catholics supported same-sex marriage provided it did not infringe on the church's right to marry whomever it chooses.[17]

References

  1. ^ a b c MacDougall, Ian (June 30, 2011). "RI passes civil unions bill; gov intends to sign". Greenwich Time. Associated Press. Retrieved June 30, 2011. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  2. ^ a b Edgar, Randal (May 20, 2011). "R.I. House approves civil unions". The Providence Journal. Retrieved May 20, 2011.
  3. ^ "Gay RI House speaker takes heat for marriage vote". Google News. Associated Press. May 18, 2011. Retrieved May 20, 2011.
  4. ^ Rhode Island Gov. Lincoln Chafee signs bill allowing civil unions, accessed July 2, 2011
  5. ^ New York Times Rhode Island Couple Wins Same-Sex Marriage Case Accessed November 14, 2006
  6. ^ New York Times: Katie Zezima, "Rhode Island Steps Toward Recognizing Same-Sex Marriage," February 22, 2007, accessed March 11, 2011; The Human Rights Campaign notes that "This is not a binding opinion and the attorney general noted that this question will most likely be answered by the courts." Human Rights Campaign: "Rhode Island Marriage/Relationship Recognition Law", accessed July 3, 2011. See also: "Marriage FAQ". Marriage Equality Rhode Island. Retrieved July 3, 2011. it is still a complicated issue about whether these marriages will be respected in Rhode Island.; GLAD: "Marriage Guide for Rhode Island Same-Sex Couples", p. 8: "legal uncertainty remains in this area", accessed July 3, 2011
  7. ^ Chambers v. Ormiston, 935 A.2d 956 (R.I. 2007) The court's pre-publication text is at Margaret R. Chambers v. Cassandra B. Ormiston, (December 7, 2007) No. 2006-340. P06-2583. Justice William P. Robinson III wrote the majority opinion, joined by Chief Justice Frank J. Williams and Justice Frank Flaherty. Justice Paul Suttell's dissent, beginning on page 17, was joined by Justice Maureen McKenna Goldberg.
  8. ^ Chafee’s election renews hope for R.I. gay marriage movement
  9. ^ Gay marriage bills stall in legislature
  10. ^ Advocate:RI Committee to hold civil unions hearing
  11. ^ "R.I. House approves civil unions", by Randal Edgar, The Providence Journal, published & retrieved May 20, 2011
  12. ^ Rhode Island Gov. Lincoln Chafee signs bill allowing civil unions
  13. ^ For same-sex couples, Rhode Island civil union is either 'next best thing' or 'meaningless'
  14. ^ Poll: R.I. Favors marriage equality
  15. ^ Politifact Rhode Island: The Truth-O-Meter
  16. ^ "Religion by Location". Adherents.com. 23 April 2007. Retrieved 2009-02-13.
  17. ^ "Poll: Rhode Island voters support same-sex marriage". Bay Windows. Retrieved 2010-08-18.