The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8520

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              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8354, is REPEALED and a new section 10-b is added to read as follows: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.