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Gay marriage amendments made public

ALBANY -- Here is the chapter amendment introduced a short while ago on religious protections in the gay marriage bill. Not certain when Assembly will take it up, but speculation grows that Senate will move to a floor vote later tonight on the gay marriage legislation.

                                      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:

     1    Section  1.  Section 10-b of the domestic relations law, as added by a
     2  chapter of the laws of 2011, amending the domestic relations law  relat-
     3  ing  to  the ability to marry, as proposed in legislative bill number A.
     4  8354, is REPEALED and a new section 10-b is added to read as follows:
     5    § 10-b. Religious exception. 1. Notwithstanding any  state,  local  or
     6  municipal law, rule, regulation, ordinance, or other provision of law to
     7  the  contrary,  a religious entity as defined under the education law or
     8  section two of the religious corporations law, or a corporation incorpo-
     9  rated under the benevolent orders law or  described  in  the  benevolent
    10  orders  law  but formed under any other law of this state, or a not-for-
    11  profit corporation operated, supervised, or controlled  by  a  religious
    12  corporation, or any employee thereof, being managed, directed, or super-
    13  vised  by  or  in  conjunction  with a religious corporation, benevolent
    14  order, or a not-for-profit corporation as described in this subdivision,
    15  shall not be required to provide services,  accommodations,  advantages,
    16  facilities, goods, or privileges for the solemnization or celebration of
    17  a marriage. Any such refusal to provide services, accommodations, advan-
    18  tages, facilities, goods, or privileges shall not create any civil claim
    19  or  cause of action or result in any state or local government action to
    20  penalize, withhold benefits,  or  discriminate  against  such  religious
    21  corporation,  benevolent  order,  a not-for-profit corporation operated,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.


        A. 8520                             2
     1  supervised, or controlled by a religious corporation,  or  any  employee
     2  thereof being managed, directed, or supervised by or in conjunction with
     3  a  religious  corporation,  benevolent order, or a not-for-profit corpo-
     4  ration.
     5    2.  Notwithstanding  any  state, local or municipal law or rule, regu-
     6  lation, ordinance, or other provision of law to the contrary, nothing in
     7  this article shall limit or diminish the right, pursuant to  subdivision
     8  eleven  of  section  two hundred ninety-six of the executive law, of any
     9  religious or denominational institution or organization, or  any  organ-
    10  ization  operated for charitable or educational purposes, which is oper-
    11  ated, supervised or controlled by or  in  connection  with  a  religious
    12  organization, to limit employment or sales or rental of housing accommo-
    13  dations  or admission to or give preference to persons of the same reli-
    14  gion or denomination or from taking such action as is calculated by such
    15  organization to promote the religious principles for which it is  estab-
    16  lished or maintained.
    17    3.  Nothing  in this section shall be deemed or construed to limit the
    18  protections and exemptions otherwise provided to religious organizations
    19  under section three of article one of the constitution of the  state  of
    20  New York.
    21    §  2.  Subdivision 1-a of section 11 of the domestic relations law, as
    22  added by a chapter of the laws of 2011, amending the domestic  relations
    23  law  relating  to  the ability to marry, as proposed in legislative bill
    24  number A.8354, is amended to read as follows:
    25    1-a. A refusal by a clergyman or minister as defined in section two of
    26  the religious corporations law, or Society for Ethical Culture leader to
    27  solemnize any marriage under this subdivision shall not create  a  civil
    28  claim  or  cause  of  action  or result in any state or local government
    29  action to penalize, withhold benefits or discriminate against such cler-
    30  gyman or minister.
    31    § 3. A chapter of the laws of 2011, amending  the  domestic  relations
    32  law  relating  to  the ability to marry, as proposed in legislative bill
    33  number A. 8354, is amended by adding  a  new  section  5-a  to  read  as
    34  follows:
    35    § 5-a. This act is to be construed as a whole, and all parts of it are
    36  to  be  read  and construed together.   If any part of this act shall be
    37  adjudged by any court of  competent  jurisdiction  to  be  invalid,  the
    38  remainder  of  this  act shall be invalidated.   Nothing herein shall be
    39  construed to affect the parties' right to appeal the matter.
    40    § 4. This act shall take effect on the same date as  such  chapter  of
    41  the laws of 2011, takes effect.
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Robert J. McCarthy

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Jerry Zremski

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