Same-sex marriage in Rhode Island
Encyclopedia
Recognition of same-sex unions in Rhode Island is legal in the form of civil union
s in that state as of July 1, 2011. Since 2002, Rhode Island
has allowed for unregistered domestic partnerships that provide some of the rights and benefits of marriage (such as inheritance rights from firefighters, correctional officers or police officers, funeral rights, property rights, and the right to visit a partner in a hospital or nursing home).
In June 2011, the Rhode Island General Assembly
passed a bill to establish civil unions beginning on July 1. This bill emerged as a compromise following a contentious debate about legalizing same-sex marriage. Governor Chafee signed the bill on July 2, 2011 and the bill retroactively took effect on July 1, 2011. The bill contains extensive and controversial exemptions that allow any religiously affiliated organization or institution, such as schools, universities and hospitals, to deny benefits to married same-sex couples, which is one reason for its unpopularity among marriage equality advocates.
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.
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."
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..
(Independent) had indicated that he would sign the bill, if approved by the state legislature. In April 2011, the effort appeared to stall due to lack of support in the legislature.
In May 2011, a bill to legalize civil unions (rather than full gender-neutral marriage) was introduced in the Rhode Island General Assembly
. 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). The Rhode Island Senate
then passed the full Senate in a vote of 21–16 on June 29, 2011. The governor signed the bill on July 2, 2011, and the bill retroactively took effect on July 1, 2011.
showed that 60% of Rhode Islanders supported legalizing same-sex marriage, while 31% opposed doing so.
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.
Forty-three percent of Rhode Islanders are Catholic, 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.
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s in that state as of July 1, 2011. Since 2002, Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
has allowed for unregistered domestic partnerships that provide some of the rights and benefits of marriage (such as inheritance rights from firefighters, correctional officers or police officers, funeral rights, property rights, and the right to visit a partner in a hospital or nursing home).
In June 2011, the Rhode Island General Assembly
Rhode Island General Assembly
The State of Rhode Island General Assembly is the state legislature of the U.S. state of Rhode Island. A bicameral body, it is composed of the lower Rhode Island House of Representatives with 75 representatives, and the upper Rhode Island Senate with 38 senators...
passed a bill to establish civil unions beginning on July 1. This bill emerged as a compromise following a contentious debate about legalizing same-sex marriage. Governor Chafee signed the bill on July 2, 2011 and the bill retroactively took effect on July 1, 2011. The bill contains extensive and controversial exemptions that allow any religiously affiliated organization or institution, such as schools, universities and hospitals, to deny benefits to married same-sex couples, which is one reason for its unpopularity among marriage equality advocates.
History
In September 2006, Massachusetts Superior CourtMassachusetts Superior Court
The Massachusetts Superior Court has original jurisdiction in civil actions over $25,000, and in matters where equitable relief is sought. It also has original jurisdiction in actions involving labor disputes where injunctive relief is sought, and has exclusive authority to convene medical...
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
1913 law
Massachusetts General Laws Chapter 207, Section 11, more commonly known as the 1913 law, is a Massachusetts law enacted in 1913 and repealed in 2008.-History and text:...
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.
In February 2007, Attorney General Patrick C. Lynch
Patrick C. Lynch
Patrick C. Lynch is Rhode Island's Attorney General. He has overseen the investigation and prosecution of the second-deadliest fire in Rhode Island history and also successfully sued former lead paint manufacturers for cleanup costs associated with their old products...
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."
In December 2007, the Rhode Island Supreme Court
Rhode Island Supreme Court
The Rhode Island Supreme Court, founded in 1747, is the court of last resort in the U.S. State of Rhode Island and Providence Plantations. The Court consists of a chief justice and four associate justices. The current Justices of the Rhode Island Supreme Court are:*Chief Justice Paul A...
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..
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 ChafeeLincoln Chafee
Lincoln Davenport Chafee is an American politician who has been the 74th Governor of Rhode Island since January 2011. Prior to his election as governor, Chafee served in the United States Senate as a Republican from 1999 until losing his Senate re-election bid in 2006 to Democrat Sheldon...
(Independent) had indicated that he would sign the bill, if approved by the state legislature. In April 2011, the effort appeared to stall due to lack of support in the legislature.
In May 2011, a bill to legalize civil unions (rather than full gender-neutral marriage) was introduced in the Rhode Island General Assembly
Rhode Island General Assembly
The State of Rhode Island General Assembly is the state legislature of the U.S. state of Rhode Island. A bicameral body, it is composed of the lower Rhode Island House of Representatives with 75 representatives, and the upper Rhode Island Senate with 38 senators...
. On May 19, 2011, the bill passed the Rhode Island House of Representatives
Rhode Island House of Representatives
The Rhode Island House of Representatives is the lower house of the Rhode Island General Assembly, the state legislature of the U.S. State of Rhode Island. It is composed of 75 members, elected to two year terms from 75 districts of equal population. The Rhode Island General Assembly does not have...
by a vote of 62 to 11 (with 2 Representatives not voting). The Rhode Island Senate
Rhode Island Senate
The Rhode Island Senate is the upper house of the Rhode Island General Assembly, the state legislature of the U.S. State of Rhode Island. It is composed of 38 Senators, each of whom is elected to a two-year term. Rhode Island is one of the 14 states where its upper house serves at a two-year...
then passed the full Senate in a vote of 21–16 on June 29, 2011. The governor signed the bill on July 2, 2011, and the bill retroactively took effect on July 1, 2011.
Public opinion
An independent May 2009 poll conducted by Brown UniversityBrown University
Brown University is a private, Ivy League university located in Providence, Rhode Island, United States. Founded in 1764 prior to American independence from the British Empire as the College in the English Colony of Rhode Island and Providence Plantations early in the reign of King George III ,...
showed that 60% of Rhode Islanders supported legalizing same-sex marriage, while 31% opposed doing so.
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
National Organization for Marriage
The National Organization for Marriage is a nonprofit political association established in 2007 to work against legalization of same-sex marriage in the United States, specifically to pass California Proposition 8 banning same-sex marriage in California...
(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.
Forty-three percent of Rhode Islanders are Catholic, 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.