§ 15-3-6.1. Protection of freedom of religion in marriage.
(a) Consistent with the guarantees of freedom of religion set forth by both the First Amendment to the United States Constitution and Article I, Section 3 of the Rhode Island Constitution, each religious institution
has exclusive control over its own religious doctrine, policy, and teachings regarding
who may marry within its faith, and on what terms, as long as such policies are consistent
with §§ 15-1-2, 15-1-3, 15-1-4, and 15-1-5. No court or other state or local governmental body, entity, agency, or commission
shall compel, prevent, or interfere in any way with any religious institution's decisions
about marriage eligibility within that particular faith's tradition.
(b) Consistent with the guarantees of freedom of religion set forth by both the First Amendment to the United States Constitution and Article I, Section 3 of the Rhode Island Constitution, no regularly licensed
or ordained clergyperson, minister, elder, priest, imam, rabbi, or similar official
of any church or religious denomination as described and authorized in §§ 15-3-5 and 15-3-6 to officiate at a civil marriage, is required to solemnize any marriage. A regularly
licensed or ordained clergyperson, minister, elder, priest, imam, rabbi, or similar
official of any church or religious denomination shall be immune from any civil claim
or cause of action based on a refusal to solemnize any marriage under this chapter.
No state agency or local government may base a decision to penalize, withhold benefits
from, or refuse to contract with any church or religious denomination on the refusal
of a person associated with such church or religious denomination to solemnize a marriage
under this chapter.
(c) Notwithstanding any other provision of law, a religions organization, association,
or society, and any nonprofit institution or organization operated, supervised, or
controlled by a religious organization, association, or society, or a fraternal benefit
or service organization that has among its stated purposes the promotion and support
or protection of a religious organization, association, or society and that restricts
membership to practicing members of that religious organization, association, or society,
shall not be required to provide services, accommodations, advantages, facilities,
goods, or privileges to an individual if the request for such services, accommodations,
advantages, facilities, goods, or privileges is related to:
(1) The solemnization of a marriage or the celebration of a marriage, and such solemnization
or celebration is in violation of its religious beliefs and faith; or
(2) The promotion of marriage through any social or religious programs or services, that
violates the religious doctrine or teachings of religious organization, association,
or society. Any refusal by an entity described above or an officer, employee, or member
thereof acting in an official capacity on behalf of that entity to provide services,
accommodations, advantages, facilities, goods, or privileges in accordance with this
subsection shall not create any civil claim or cause of action. This subsection shall
not be construed to limit a religious organization, association, or society, or a
fraternal benefit or service organization as described in this subsection, from selectively
providing services, accommodations, advantages, facilities, goods, or privileges to
some individuals with respect to solemnization or celebration of a marriage but not
to others.
(d) Nothing in the marriage laws of this state shall be deemed or construed to limit the
protections and exemptions provided to religious organizations under §§ 28-5-6(9)(ii) and 34-37-4.2(a).
(e) A fraternal benefit or service organization that is operated, supervised, or controlled
by a religious organization and a fraternal benefit or service organization that has
among its stated purposes the promotion, support, or protection of a religious organization
and that restricts its membership to practicing members of that religious organization
shall not be required to admit any individual as a member or to provide benefits to
any individual. A refusal by a fraternal benefit or service organization by a member,
officer, or employee thereof acting in an official capacity on behalf of a society
described herein, to admit an individual as a member or to provide benefits related
to a marriage that is in violation of the religious doctrine or teachings of the religious
organization to which its members are required to adhere, shall not create a civil
claim or result in any government action to penalize; withhold benefits from the fraternal
benefit or service organization; or discriminate against a society, or a member, officer,
or employee described herein.