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06/24/2011

Right, extra religious layers that are unneeded add-ons. Fine. Whatever. Let's pass it now

by Jeremy Hooper

We most always find religious exemptions unnecessary, at best, and dangerous, at worst. But we're getting them in the NY marriage bill. And the coalition seems happy enough:

Statement from New Yorkers United for Marriage
~
“The amended Marriage Equality legislation protects religious liberties without creating any special exceptions that would penalize same-sex couples or treat them unequally. The legislation strikes an appropriate balance that allows all loving, committed couples to marry while preserving religious freedom.”
###

Judge for yourself. Here are the amendments, as introduced in the Assembly:

A8520-2011: 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

8520
2011-2012 Regular Sessions
I N ASSEMBLY
June 24, 2011

Introduced by M. of A. O'DONNELL -- (at request of the Governor) -- read
once and referred to the Committee on Judiciary
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:

Section 1.

Section 10-b of the domestic relations law, as added by a
chapter of the laws of 2011, amending the domestic relations law relat
ing to the ability to marry, as proposed in legislative bill number A.
8354, is REPEALED and a new section 10-b is added to read as follows:


S 10-B. RELIGIOUS EXCEPTION. 1. NOTWITHSTANDING ANY STATE, LOCAL OR
MUNICIPAL LAW, RULE, REGULATION, ORDINANCE, OR OTHER PROVISION OF LAW TO
THE CONTRARY, A RELIGIOUS ENTITY AS DEFINED UNDER THE EDUCATION LAW OR
SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW, OR A CORPORATION INCORPO
RATED UNDER THE BENEVOLENT ORDERS LAW OR DESCRIBED IN THE BENEVOLENT
ORDERS LAW BUT FORMED UNDER ANY OTHER LAW OF THIS STATE, OR A
NOT-FOR-PROFIT CORPORATION OPERATED, SUPERVISED, OR CONTROLLED BY A
RELIGIOUS CORPORATION, OR ANY EMPLOYEE THEREOF, BEING MANAGED, DIRECTED,
OR SUPERVISED BY OR IN CONJUNCTION WITH A RELIGIOUS CORPORATION, BENEVO
LENT ORDER, OR A NOT-FOR-PROFIT CORPORATION AS DESCRIBED IN THIS SUBDI
VISION, SHALL NOT BE REQUIRED TO PROVIDE SERVICES, ACCOMMODATIONS,
ADVANTAGES, FACILITIES, GOODS, OR PRIVILEGES FOR THE SOLEMNIZATION OR
CELEBRATION OF A MARRIAGE. ANY SUCH REFUSAL TO PROVIDE SERVICES, ACCOM
MODATIONS, ADVANTAGES, FACILITIES, GOODS, OR PRIVILEGES SHALL NOT CREATE
ANY CIVIL CLAIM OR CAUSE OF ACTION OR RESULT IN ANY STATE OR LOCAL
GOVERNMENT ACTION TO PENALIZE, WITHHOLD BENEFITS, OR DISCRIMINATE
AGAINST SUCH RELIGIOUS CORPORATION, BENEVOLENT ORDER, A NOT-FOR-PROFIT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12066-08-1

A. 8520 2
CORPORATION OPERATED, SUPERVISED, OR CONTROLLED BY A RELIGIOUS CORPO
RATION, OR ANY EMPLOYEE THEREOF BEING MANAGED, DIRECTED, OR SUPERVISED
BY OR IN CONJUNCTION WITH A RELIGIOUS CORPORATION, BENEVOLENT ORDER, OR
A NOT-FOR-PROFIT CORPORATION.
2. NOTWITHSTANDING ANY STATE, LOCAL OR MUNICIPAL LAW OR RULE, REGU
LATION, ORDINANCE, OR OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING IN
THIS ARTICLE SHALL LIMIT OR DIMINISH THE RIGHT, PURSUANT TO SUBDIVISION
ELEVEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW, OF ANY
RELIGIOUS OR DENOMINATIONAL INSTITUTION OR ORGANIZATION, OR ANY ORGAN
IZATION OPERATED FOR CHARITABLE OR EDUCATIONAL PURPOSES, WHICH IS OPER
ATED, SUPERVISED OR CONTROLLED BY OR IN CONNECTION WITH A RELIGIOUS
ORGANIZATION, TO LIMIT EMPLOYMENT OR SALES OR RENTAL OF HOUSING ACCOMMO
DATIONS OR ADMISSION TO OR GIVE PREFERENCE TO PERSONS OF THE SAME RELI
GION OR DENOMINATION OR FROM TAKING SUCH ACTION AS IS CALCULATED BY SUCH
ORGANIZATION TO PROMOTE THE RELIGIOUS PRINCIPLES FOR WHICH IT IS ESTAB
LISHED OR MAINTAINED.
3. NOTHING IN THIS SECTION SHALL BE DEEMED OR CONSTRUED TO LIMIT THE
PROTECTIONS AND EXEMPTIONS OTHERWISE PROVIDED TO RELIGIOUS ORGANIZATIONS
UNDER SECTION THREE OF ARTICLE ONE OF THE CONSTITUTION OF THE STATE OF
NEW YORK.

S 2. Subdivision 1-a of section 11 of the domestic relations law, as
added by 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, is amended to read as follows:

1-a. A refusal by a clergyman or minister as defined in section two of
the religious corporations law, or Society for Ethical Culture leader to
solemnize any marriage under this subdivision shall not create a civil
claim or cause of action OR RESULT IN ANY STATE OR LOCAL GOVERNMENT
ACTION TO PENALIZE, WITHHOLD BENEFITS OR DISCRIMINATE AGAINST SUCH CLER
GYMAN OR MINISTER.

S 3. 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, is amended by adding a new section 5-a to read as
follows:

S 5-A. THIS ACT IS TO BE CONSTRUED AS A WHOLE, AND ALL PARTS OF IT ARE
TO BE READ AND CONSTRUED TOGETHER. IF ANY PART OF THIS ACT SHALL BE
ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID, THE
REMAINDER OF THIS ACT SHALL BE INVALIDATED. NOTHING HEREIN SHALL BE
CONSTRUED TO AFFECT THE PARTIES' RIGHT TO APPEAL THE MATTER.

S 4. This act shall take effect on the same date as such chapter of
the laws of 2011, takes effect.

NYSenate.Gov

The amended language is now moving in the Assembly, where there should be no problem. And then we all continue to wait insist upon a Senate vote.

Break

Many people are noting section 5-A, which would appear to say that if any part of this language is not accepted, then the whole thing dies

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