NY Assembly Introduces Amendments to Marriage Equality Bill

The New York Assembly has introduced amendments  to the marriage equality bill.

They are available here.

Text of the amendment, AFTER THE JUMP…

 S T A T E   O F   N E W   Y O R K 
                                          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the domestic relations law  relat ing  to  the ability to marry, as proposed in legislative bill number A. 8354, is REPEALED and a new section 10-b is added to read as follows: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.