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Same-sex marriage in Rhode Island

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Same-sex marriage has been legally recognized in Rhode Island since August 1, 2013. The state had authorized a limited form of domestic partnerships from 2002 to 2011 and the formation of civil unions from 2011 until the state began recognizing same-sex marriages in 2013. Same-sex marriage legislation passed the House of Representatives on January 24, 2013. The Senate passed an amended version on April 24, 2013 by a 26–12 vote, which the House approved on May 2 by 56 votes to 15. The bill was signed into law by Governor Lincoln Chafee the same day, and took effect on August 1, with the first same-sex marriages taking place that day. Rhode Island was the last U.S. state in New England to legalize same-sex marriage.

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Background

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Same-sex marriage was first debated in the 1990s,[1] but faced fierce opposition from the Catholic Church, which is influential in the state as Rhode Island has the highest proportion of Catholic residents of any state in the United States. Despite political opposition, Rhode Island began allowing unregistered domestic partnerships in 2002 that provided a small number of legal benefits to same-sex couples. For example, the surviving spouse in such a partnership, if a police officer, fire fighter, or correctional officer, could receive a death benefit. Domestic partners could adjust their state taxes to reflect the costs of health insurance premiums,[2] and could control the funeral arrangements of a deceased partner.[3] This status became inactive with the state's adoption of civil unions.[2]

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."[4] The Human Rights Campaign noted that "This is not a binding opinion and the attorney general noted that this question will most likely be answered by the courts."[2][5]

Court challenges

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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 did not affect the status of such marriages in Rhode Island.[6]

In December 2007, the Rhode Island Supreme Court held, in a 3–2 opinion in Chambers v, Ormiston, that the state's Family Court lacked jurisdiction to hear a divorce petition involving a same-sex couple who were married in Massachusetts. 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 was joined by Justice Maureen McKenna Goldberg.[7]

Civil unions

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Civil union licenses were issued by the state of Rhode Island between July 1, 2011 and August 1, 2013. Civil unions provided couples with almost all of the rights and benefits of marriage under state law. Same-sex couples could however not access the federal benefits of marriage until the Defense of Marriage Act (DOMA) was struck down by the U.S. Supreme Court in United States v. Windsor on June 26, 2013.

In 2001, there was an attempt (similar to Vermont's civil union law) to create civil unions under Rhode Island's domestic relations statutes. Any Rhode Island law applying to marriages would have also applied to the newly created civil unions. The bill was introduced to the Rhode Island House of Representatives, but the Judiciary Committee defeated it.[8]

In May 2011, a bill to legalize civil unions was introduced to the Rhode Island General Assembly.[9] On May 19, 2011, the bill passed the House of Representatives by a vote of 62–11, with two representatives not voting.[10][11] The Senate then passed the bill on a vote of 21–16 on June 29.[12][13] Governor Lincoln Chafee signed the legislation on July 2, 2011, and it retroactively took effect as of July 1, 2011.[14][15] The legislation included extensive and controversial exemptions that allowed any religiously affiliated organization or institution, such as schools, universities and hospitals, to deny recognition of spouses in a civil union, which made it unpopular with advocates of same-sex marriage.[16] Participation in civil unions was very low.[16] As of February 2012, only 46 couples had established civil unions.[17] On August 1, 2013, when the state began offering same-sex marriage, it stopped offering civil unions, though it continues to recognize existing ones.[18]

Same-sex marriage

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Bills to legalize same-sex marriage were first proposed in 1998. In 2004, Representative Arthur Handy and Senator Rhoda Perry introduced same-sex marriage legislation to the General Assembly. Perry's bill had four co-sponsors, and Handy's bill had 11 House co-sponsors. Both the House and Senate judiciary committees held hearings on the marriage bills, but neither took any action. Handy and Perry reintroduced their bills in 2005 with more co-sponsors, including two Republican lawmakers.[19] In early 2011, legislation to legalize same-sex marriage was introduced to the General Assembly. Governor Lincoln Chafee, an independent at the time, had previously indicated that he would sign such legislation if it were approved by the Assembly.[20] In April 2011, the legislation stalled due to lack of support in the Assembly,[21] and contentious debate.[22]

On May 14, 2012, Governor Chafee signed an executive order recognizing out-of-state same-sex marriages.[23][24]

On January 3, 2013, Representative Arthur Handy and Senator Donna Nesselbush introduced legislation to legalize same-sex marriage. The House version had 42 out of 75 members as sponsors, while the Senate version had 11 out of 38 senators.[25][26] On January 7, the Roman Catholic Bishop of Providence, Thomas Tobin, called the legislation "immoral and unnecessary" and recommended a referendum over enacting same-sex marriage by statute.[27] Governor Chafee said on January 11 that he would probably veto such a referendum.[28] The Episcopal Bishop of Rhode Island, Nicholas Knisely, said he was "eager to see our state legislature join many others across the country in passing legislation to ensure civil marriage equality."[29]

The House Judiciary Committee approved the legislation unanimously on January 22.[30] The House passed the bill on a 51–19 vote two days later.[31][32] The Rhode Island Council of Churches endorsed the legislation on January 31.[33] On April 23, all 5 Republican state senators announced their support for the legislation—the first time a party's caucus in a state legislature had supported same-sex marriage unanimously[34]—and the Senate Judiciary Committee approved the legislation in a 7–4 vote, while defeating a proposal to present the issue to voters as a referendum.[35] On April 24, the Rhode Island Senate passed an amended version of the bill by a 26–12 vote.[36][37][38] On April 30, the House Judiciary Committee unanimously approved the amended legislation.[39] The House passed the legislation on May 2 on a vote of 56 to 15,[40] and Chafee signed it into law the same day.[41][42][43] Bishop Tobin reiterated his opposition the same day and wrote a letter to Rhode Island Catholics that said "homosexual acts are ... always sinful" and advised that "Catholics should examine their consciences very carefully before deciding whether or not to endorse same-sex relationships or attend same-sex ceremonies. To do so might harm their relationship with God."[18]

The legislation took effect on August 1, 2013,[18] with the first marriage licenses issued to same-sex couples when offices opened at 8:30 a.m. that day.[44] The first couple to be issued a license in Providence were Gary McDowell and Zachary Marcus, who filed marriage paperwork at Providence City Hall shortly after 8:30 a.m. on August 1.[45] The definition of marriage in Rhode Island law is now the following:[46]

Marriage is the legally recognized union of two (2) people. Terms relating to the marital relationship or familial relationships shall be construed consistently with this section for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law, or any other source of civil law. [RI Gen L § 15-1-7]

Native American nations

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The state law recognizing same-sex marriages does not apply to the Narragansett Indian Tribe, which has jurisdiction over marriages and divorces performed under tribal law. It is unclear if same-sex marriage is legal on the reservation as tribal officials have not publicly commented on the issue.[47]

While there are no records of same-sex marriages as understood from a Western perspective being performed in Native American cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. Many of these cultures recognized two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere.[48] It is possible that the Narragansett people traditionally allowed for marriages between two biological males through a two-spirit status, but a lot of traditional knowledge was lost in the aftermath of colonization, and so it is unknown if such two-spirit individuals were historically allowed to marry.[48] Two-spirit people are referred to as neese manitouog or noh waashpit (which literally translates to "he is effeminate") in Narragansett.[49][50]

Demographics and marriage statistics

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Data from the 2000 U.S. census showed that 2,471 same-sex couples were living in Rhode Island, with most couples living in Providence and Kent counties. Same-sex partners in Rhode Island were on average younger than opposite-sex partners, and significantly more likely to be employed. The median household income of same-sex couples was similar to that of different-sex couples, but same-sex couples were far less likely to own a home than opposite-sex partners. 12% of same-sex couples in Rhode Island were raising children under the age of 18, with an estimated 400 children living in households headed by same-sex couples in 2000.[51]

The 2020 U.S. census showed that there were 2,775 married same-sex couple households (1,217 male couples and 1,558 female couples) and 2,204 unmarried same-sex couple households in Rhode Island.[52]

Public opinion

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Public opinion for same-sex marriage in Rhode Island
Poll source Dates administered Sample size Margin of error Support Opposition Do not know / refused
Public Religion Research Institute March 9 – December 7, 2023 152 adults ? 71% 23% 6%
Public Religion Research Institute March 11 – December 14, 2022 ? ? 80% 14% 6%
Public Religion Research Institute March 8 – November 9, 2021 ? ? 82% 17% 1%
Public Religion Research Institute January 7 – December 20, 2020 139 adults ? 55% 41% 4%
Public Religion Research Institute April 5 – December 23, 2017 222 adults ? 78% 17% 5%
Public Religion Research Institute May 18, 2016 – January 10, 2017 369 adults ? 67% 29% 4%
Public Religion Research Institute April 29, 2015 – January 7, 2016 279 adults ? 69% 24% 7%
Brown University February 21–23, 2013 593 voters ± 4.0% 60% 26% 14%
Public Policy Polling January 28–30, 2013 614 voters ± 4.0% 57% 36% 7%
Brown University May 18–20, 2009 593 registered voters ± 4.0% 60% 31% 9%

Various polls have been commissioned by participants in the same-sex marriage debate, including by the Rhode Island chapter of the 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.[53] Slightly more than half of Rhode Islanders are Catholic.[54] A survey by Greenberg Quinlan Rosner Research for the Rhode Island Marriage Coalition in August 2010 showed that 63 percent of Catholics supported same-sex marriage provided it did not infringe on the church's right to choose whom it marries.[55]

The January 2013 poll from Public Policy Polling found that 57 percent of Rhode Island voters supported the legalization of same-sex marriage and 36 percent opposed legalization. Support was highest among voters under the age of 45 at 65 percent. Given other options, 31 percent preferred civil unions to marriage and 13 percent thought that there should be no legal recognition of same-sex relationships.[56]

See also

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References

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  1. ^ Miller, Neil (September 9, 1999). "Waiting, not wedding: Fighting for the right for same-sex marriage". Providence Phoenix.
  2. ^ a b c "Rhode Island Marriage/Relationship Recognition Law". Human Rights Campaign. Archived from the original on August 17, 2013. Retrieved December 19, 2012.
  3. ^ Geen, Jessica (January 6, 2010). "Rhode Island approves funeral rights for gays". PinkNews. Archived from the original on March 3, 2016. Retrieved December 19, 2012.
  4. ^ Zezima, Katie (February 22, 2007). "Rhode Island Steps Toward Recognizing Same-Sex Marriage". The New York Times. Archived from the original on May 23, 2013. Retrieved December 19, 2012.
  5. ^ "Marriage FAQ". Marriage Equality Rhode Island. Archived from the original on January 17, 2013. Retrieved July 3, 2011. it is still a complicated issue about whether these marriages will be respected in Rhode Island.
  6. ^ Zezima, Katie (September 30, 2006). "Rhode Island Couple Wins Same-Sex Marriage Case". The New York Times. Archived from the original on March 7, 2016. Retrieved December 19, 2012.
  7. ^ "Chambers v. Ormiston, 935 A.2d 956 (R.I. 2007)" (PDF). Rhode Island Supreme Court. Archived from the original (PDF) on December 24, 2009.
  8. ^ Price-Livingston, Susan (January 18, 2002). "Civil Unions and Domestic Partner Rights and Responsibilities -- Other States' Laws and Proposals". www.cga.ct.gov. Retrieved December 13, 2018.
  9. ^ Bolcer, Julie (May 11, 2011). "R.I. House to Hold Civil Unions Hearing". The Advocate. Archived from the original on March 4, 2016. Retrieved December 19, 2012.
  10. ^ Edgar, Randal (May 19, 2011). "RI House approves 'civil unions,' 62 to 11". The Providence Journal. Archived from the original on April 25, 2012. Retrieved December 19, 2012.
  11. ^ "RI House Passes Same-Sex Civil Union Bill". CBS Boston. Associated Press. May 19, 2011. Archived from the original on July 5, 2011. Retrieved May 20, 2011.
  12. ^ "Rhode Island Senate approves same-sex civil unions". Reuters. June 29, 2011. Archived from the original on March 6, 2016.
  13. ^ MacDougall, Ian (June 29, 2011). "RI Senate passes civil unions bill". Yahoo!. Associated Press. Archived from the original on March 6, 2016.
  14. ^ "Rhode Island Gov. Lincoln Chafee signs bill allowing civil unions". Boston Herald. Associated Press. July 2, 2011. Archived from the original on July 6, 2011.
  15. ^ "Rhode Island governor signs civil union bill into law". CNN. July 2, 2011. Archived from the original on March 6, 2016. Retrieved March 6, 2016.
  16. ^ a b Rudolph, Dana (July 3, 2011). "Governor signs Rhode Island civil union law, but pleases no one". Keen News Service. Archived from the original on March 6, 2016. Retrieved September 29, 2014.
  17. ^ Holterman, Nate (February 21, 2012). "ACLU: Civil Unions an "Embarrassment" in Rhode Island". Go Local Prov. Archived from the original on March 5, 2016. Retrieved May 10, 2013.
  18. ^ a b c Klepper, David (May 2, 2013). "RI Now 10th State to Allow Gay Marriage". ABC News. Archived from the original on May 11, 2013. Retrieved May 6, 2013.
  19. ^ "Legal Marriage Court Cases — A Timeline". www.buddybuddy.com. Retrieved August 7, 2022.
  20. ^ Rasmussen, Amy (November 11, 2010). "Chafee's election renews hope for R.I. gay marriage movement". The Brown Daily Herald. Archived from the original on March 4, 2016. Retrieved March 6, 2016.
  21. ^ Thornton, Kat (April 12, 2011). "Gay marriage bills stall in legislature". The Brown Daily Herald. Archived from the original on March 6, 2016. Retrieved March 6, 2016.
  22. ^ "Gay RI House speaker takes heat for marriage vote". Associated Press. May 18, 2011. Archived from the original on May 21, 2011. Retrieved May 20, 2011.
  23. ^ Niedowski, Erika (May 14, 2012). "Lincoln Chafee, Rhode Island Governor, Declares State Will Recognize Out-Of-State Gay Marriages". The Huffington Post. Archived from the original on May 16, 2012. Retrieved May 14, 2012.
  24. ^ "Rhode Island Order on Gay Unions". The New York Times. May 15, 2012. Archived from the original on December 18, 2012. Retrieved May 16, 2012.
  25. ^ "Rhode Island lawmakers introduce marriage bills in House and Senate". LGBTQ Nation. January 3, 2013. Archived from the original on October 16, 2015. Retrieved March 6, 2013.
  26. ^ "Gay Marriage Bills Introduced in Rhode Island General Assembly". ABC6. January 3, 2013. Archived from the original on September 10, 2015. Retrieved March 6, 2016.
  27. ^ "Providence bishop says gay marriage 'unnecessary'". The Boston Globe. Associated Press. January 7, 2013. Archived from the original on May 7, 2013. Retrieved January 13, 2013.
  28. ^ Edgar, Randal (January 11, 2013). "R.I. religious leaders react to Chafee's likely veto of gay-marriage referendum bill". The Providence Journal. Archived from the original on January 12, 2013. Retrieved January 13, 2013.
  29. ^ "Bishop Knisely's statement on marriage equality in Rhode Island". Episcopal News Service. January 19, 2013. Archived from the original on March 3, 2016. Retrieved January 22, 2013.
  30. ^ Edgar, Randall (January 22, 2013). "R.I. House committee sends same-sex marriage bill to House floor". The Providence Journal. Archived from the original on October 24, 2013. Retrieved January 22, 2013.
  31. ^ "Gay Marriage Bill Approved in Rhode Island House Vote". The New York Times. January 24, 2013. Archived from the original on March 24, 2014. Retrieved March 6, 2016.
  32. ^ "Rhode Island state House votes in favor of same-sex marriage". LGBTQ Nation. Associated Press. January 24, 2013. Archived from the original on March 8, 2016. Retrieved March 6, 2016.
  33. ^ Edgar, Randal (January 31, 2013). "RI State Council of Churches endorses same-sex marriage". The Providence Journal. Archived from the original on May 16, 2013. Retrieved February 1, 2013.
  34. ^ Riley, John (April 23, 2013). "Full Rhode Island Senate Republican Caucus supports gay-marriage bill". Metro Weekly. Archived from the original on October 17, 2015. Retrieved March 6, 2016.
  35. ^ Eckholm, Erik (April 23, 2013). "Gay Marriage Measure Advances in Rhode Island". The New York Times. Archived from the original on October 2, 2015. Retrieved April 24, 2013.
  36. ^ "Rhode Island moves toward approval of same-sex marriage". CNN. April 24, 2013. Archived from the original on June 2, 2013. Retrieved March 6, 2016.
  37. ^ "Rhode Island set to be 10th state to pass same-sex marriage". Reuters. April 24, 2013. Archived from the original on March 6, 2016. Retrieved March 6, 2016.
  38. ^ "Senate approves same-sex marriage bill". Rhode Island General Assembly. April 24, 2013. Archived from the original on March 13, 2015. Retrieved March 6, 2016.
  39. ^ Gregg, Katherine (April 30, 2013). "R.I. House Judiciary Committee unanimously approves same-sex marriage bills". The Providence Journal. Archived from the original on May 3, 2013. Retrieved May 1, 2013.
  40. ^ Edgar, Randal (May 2, 2013). "Rhode Island House passes same-sex marriage bills, 56 to 15". Archived from the original on May 5, 2013. Retrieved May 2, 2013.
  41. ^ Edgar, Randal (May 2, 2013). "Chafee signs same-sex marriage bills, making Rhode Island the 10th state to legalize same-sex marriage". The Providence Journal. Archived from the original on November 29, 2013. Retrieved May 2, 2013.
  42. ^ "Rhode Island becomes 10th state to legalize gay marriage". NBC News. Associated Press. May 2, 2013. Archived from the original on October 9, 2015. Retrieved March 6, 2016.
  43. ^ "Rhode Island lawmakers pass gay marriage bill; governor signs it". Reuters. May 2, 2013. Archived from the original on February 11, 2016. Retrieved March 6, 2016.
  44. ^ "1st gay marriage license in Rhode Island issued". WCVB. August 1, 2013.
  45. ^ "Gay couples get hitched in Minnesota, Rhode Island". The Columbian. July 31, 2013.
  46. ^ "TITLE 15 Domestic Relations CHAPTER 15-1 Persons Eligible to Marry". Rhode Island General Assembly. Archived from the original on September 19, 2015. Retrieved March 6, 2016.
  47. ^ "Narragansett Indian Tribe Oversight Hearing" (PDF). govinfo.gov. Retrieved November 24, 2023.
  48. ^ a b Sabine Lang (1998). Men as women, women as men: changing gender in Native American cultures. University of Texas Press. ISBN 0-292-74701-2.
  49. ^ Somvichian-Clausen, Austa (June 15, 2022). "How a Two-Spirit Indigenous Activist Uses Dance to Make Their Voice Heard". thrillist.
  50. ^ Brigham, Noble (January 25, 2022). "A Narragansett dancer on life as a dual degree student, documentary star, and tribal activist". Brown Alumni Magazine.
  51. ^ "Census Snapshot" (PDF). Williams Institute. Retrieved August 30, 2022.
  52. ^ "PCT1405 Couple Households, By Type". United States Census Bureau. Retrieved December 11, 2023.
  53. ^ "Politifact Rhode Island: The Truth-O-Meter". PolitiFact. May 11, 2011. Archived from the original on March 3, 2016. Retrieved March 7, 2016.
  54. ^ Chokshi, Niraj (February 6, 2014). "The religious states of America, in 6 maps". The Washington Post. Retrieved November 24, 2022.
  55. ^ "Poll: Rhode Island voters support same-sex marriage". Bay Windows. August 18, 2010. Retrieved March 7, 2016.
  56. ^ "Chafee unpopular; Rhode Island supports gay marriage" (PDF). Public Policy Polling. January 31, 2013. Archived from the original (PDF) on February 4, 2016. Retrieved March 7, 2016.
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