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House Bill 175: Explanation

This bill proposes amendments to Maryland law regarding valid marriages. It strikes language defining marriage as only between a man and a woman, replacing it with language stating a marriage is valid between two individuals not otherwise prohibited from marrying. It also prohibits officials of religious institutions from being required to solemnize marriages that violate their constitutional right to free exercise of religion. If passed, these changes would take effect on October 1, 2011.

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0% found this document useful (0 votes)
92 views2 pages

House Bill 175: Explanation

This bill proposes amendments to Maryland law regarding valid marriages. It strikes language defining marriage as only between a man and a woman, replacing it with language stating a marriage is valid between two individuals not otherwise prohibited from marrying. It also prohibits officials of religious institutions from being required to solemnize marriages that violate their constitutional right to free exercise of religion. If passed, these changes would take effect on October 1, 2011.

Uploaded by

keiffer_mitchell
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© Attribution Non-Commercial (BY-NC)
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HOUSE BILL 175

D4 1lr0382
HB 808/10 – JUD
By: Delegates Barve, Barnes, Mitchell, Alston, Anderson, Arora, Barkley,
Bobo, Bromwell, Carr, Carter, Clagett, Clippinger, Conaway, Cullison,
Dumais, Feldman, Frick, Frush, Gaines, Gilchrist, Gutierrez, Guzzone,
Hammen, Harrison, Haynes, Hixson, Hubbard, Hucker, Ivey, Kaiser,
A. Kelly, Kramer, Lafferty, Lee, Luedtke, McHale, McIntosh, A. Miller,
Mizeur, Murphy, Niemann, Pena–Melnyk, Pendergrass, Reznik,
B. Robinson, S. Robinson, Rosenberg, Ross, Simmons, Stein, Stukes,
Summers, Tarrant, F. Turner, Valderrama, Waldstreicher, Washington,
and Zucker
Introduced and read first time: January 27, 2011
Assigned to: Judiciary

A BILL ENTITLED

1 AN ACT concerning

2 Religious Freedom and Civil Marriage Protection Act

3 FOR the purpose of altering a provision of law establishing that only certain
4 marriages are valid in this State; prohibiting certain officials from being
5 required to solemnize a marriage in violation of a certain constitutional right;
6 providing for the construction of a certain provision of this Act; and generally
7 relating to valid marriages.

8 BY repealing and reenacting, with amendments,


9 Article – Family Law
10 Section 2–201
11 Annotated Code of Maryland
12 (2006 Replacement Volume and 2010 Supplement)

13 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF


14 MARYLAND, That the Laws of Maryland read as follows:

15 Article – Family Law

16 2–201.

17 (A) THIS SECTION MAY NOT BE CONSTRUED TO INVALIDATE ANY OTHER


18 PROVISION OF THIS TITLE.

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.


[Brackets] indicate matter deleted from existing law.

*hb0175*
2 HOUSE BILL 175

1 (B) Only a marriage between [a man and a woman] TWO INDIVIDUALS WHO
2 ARE NOT OTHERWISE PROHIBITED FROM MARRYING is valid in this State.

3 SECTION 2. AND BE IT FURTHER ENACTED, That an official of a religious


4 institution or body authorized to solemnize marriages may not be required to
5 solemnize any marriage in violation of the right to free exercise of religion guaranteed
6 by the First Amendment to the United States Constitution and by the Maryland
7 Constitution and Maryland Declaration of Rights.

8 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
9 October 1, 2011.

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