Re-Definition of Marriage and Establishment of Civil Unions Bill

[MasterJedi]

So let me see if I get this. It would be changing it so all people who want to be married would only get Civil Unions from the government and it wouldn't be recognized as a marraige unless the churches and people want it? I possibly could go with that.

[A18]

Get rid of the anti-incest garbage. There is no rational reason for banning it, but allowing gay marriage.

[Colin]

So let me see if I get this. It would be changing it so all people who want to be married would only get Civil Unions from the government and it wouldn't be recognized as a marraige unless the churches and people want it? I possibly could go with that.

Yep basically. So then if the Baptists and Catholics don't want to recognize "gay marriage" they could do so but couldn't stop Episcopalians from doing the opposite, or Unitarians, or Lutherans.

[Emsworth]

So let me see if I get this. It would be changing it so all people who want to be married would only get Civil Unions from the government and it wouldn't be recognized as a marraige unless the churches and people want it?

Not exactly. The government would recognize only civil unions; the term marriage will be unknown to the law, and irrelevant to the government.

[Sam Spade]

This all sounds acceptable to me.  I'll work on a rewrite of the bill this evening accomplishing most of the principles talked about above.

[MHS2002]

I oppose the bill as it stands right now, as gay marriage has been settled twice in Atlasia, with the same result. To change its definition now would do nothing but open up old wounds and would divide this great nation of ours. Also, as others have mentioned, Constitutional issues arise from this bill.

I'll have to read whatever amendments are propsed before I give any further opinions.

[John Dibble]

So let me see if I get this. It would be changing it so all people who want to be married would only get Civil Unions from the government and it wouldn't be recognized as a marraige unless the churches and people want it?

Not exactly. The government would recognize only civil unions; the term marriage will be unknown to the law, and irrelevant to the government.

Right. People could define marriage however they like, having the government leave the spiritual aspect of it to them, and government would simply give what it recognizes as 'marriage' now the label civil union, which in the eyes of government is really what that is(government doesn't require love or commitment before God or anything of that sort to marry, it's simply a contract).

[Emsworth]

Does Sen. True (Democrat/Independent/Republican) withdraw his amendment, or still desire a vote on it?

[Sam Spade]

After looking over this bill a little and what would be necessary in order to rewrite it to fit the specifications, I think that it should be too hard.

Just essentially say that marriage is a term no longer defined in government and the respective law, use the term "civil unions" to replace the term marriage in the law wherever applicable and then rewrite the Marriage Equity Act with better provisions against certain loopholes in the Act.

I was going to try and get it done last night, but got too busy.  I will try and get it done tonight.

[True Democrat]

Does Sen. True (Democrat/Independent/Republican) withdraw his amendment, or still desire a vote on it?

I'm not sure if I wrote it correctly.  Just look over it and tell me if it has met its intent.  I'll probably withdraw it though.

[Sam Spade]

My re-write of this bill to fulfill the suggestions that parties have made below is done.

Articles 2 and 4 may seem a little redundant in spots, but it's mainly covering any potential loopholes.

I am open to suggestions, but I will now introduce a re-write of this bill as one giant amendment to the legislation.

[Sam Spade]

Elimination of Civil Marriage Law and Establishment of Civil Unions Bill[/b]

Article 1 – Purposes

The purpose of this legislation is to clarify confusing and inadequate legislation of past Senates, to eliminate the term "marriage" from government and all relevant law, and to provide for the establishment, definition and creation of "civil unions" as legal contracts between two parties within the Republic of Atlasia, providing the same legal protections as presently are protected under "marriage" law and all other relevant law.

Article 2 – Removal of Definition of Marriage and Establishment of Civil Unions

1.  The term "marriage" shall have no legal standing within the city, county, state, regional, or federal governments of Atlasia, nor within any law or laws nonexclusively that pertain to or deal with civil unions and divorce, adoption and emancipation of minors.

2.  All "marriages" contracted in the Republic of Atlasia and presently recognized as valid within federal, regional, state, city or county goverments will henceforth be defined as "civil unions" and shall maintain all the rights, powers and privileges afforded under the same, unless said "marriage" is no longer legal under the provisions of this legislation as a “civil union”.  Said parties to "marriages" defined as such shall no longer be valid and legal within the Republic of Atlasia and shall no longer retain any of the rights and privileges afforded to "civil unions" in the Republic of Atlasia.

3.  The term "civil unions" shall maintain and preserve all the rights, powers and privileges associated with the term "marriage", except as shall be defined in this document and any future documents.

4.  A "marriage" between two persons that is recognized as valid in another country is valid in the Republic of Atlasia as a "civil union" only if the "marriage" is not prohibited or made unlawful as a "civil union" under Article 3 of this legislation.

Article 3 - Definition and Prohibitions of Civil Unions

1.  A civil union is hereby defined as a civil contract between one man and one woman, one man and another man, or one woman and another woman, who has each attained the age of eighteen (18) years, and who are otherwise capable.

2.  For a civil union to be established in the Republic of Atlasia, it shall be necessary that the parties to a civil union satisfy all of the following criteria:

a.  Not be a party to another civil union;
b.  When both spouses are nearer of kin to each other than second cousins, whether of the whole or half blood, whether by blood or adoption, computing by the rules of the civil law; or
c.  A woman shall not enter a civil union with her father's brother, mother's brother, son, brother, son's son, daughter's son, brother's son or sister's son, or;
d.  A woman shall not enter a civil union with her mother, grandmother, daughter, granddaughter, sister, brother's daughter, sister's daughter, father's sister or mother's sister, or;
e.  A man shall not enter a civil union with his father's sister, mother's sister, daughter, sister, son's daughter, daughter's daughter, brother's daughter or sister's daughter, or;
f.  A man shall not enter a civil union with his father, grandfather, son, grandson, brother, brother's son, sister's son, father's brother or mother's brother.
g.  A civil union between persons prohibited from entering a civil union in subsection (a) through (f) of this section is void.
h.  Meet the criteria and obligations set forth in Article 5 of this legislation.


Article 4 – Benefits of Civil Unions

1.  Parties to a civil union shall have all the same benefits, protections and responsibilities under law, whether they derive from statute, administrative or court rule, policy, common law or any other source of civil law, as were granted to spouses in the formerly legal term of "marriage", whether such benefits, protections and responsibilities are enforced at the city, county, state, regional or federal level.

2.  A party to a civil union shall be included in any definition or use of the terms "spouse," "family," "immediate family," "dependent," "next of kin," and other terms that denote the spousal relationship, as those terms are used throughout the law.

3.  Parties to a civil union shall be responsible for the support of one another to the same degree and in the same manner as was prescribed under law for those persons contracted under the former legal term of "marriage".

4.  The law of domestic relations, including annulment, separation and divorce, child custody and support, and property division and maintenance shall apply to parties to a civil union.

5.  The following is a nonexclusive list of legal benefits, protections and responsibilities of spouses, which shall apply in like manner to parties to a civil union, whether such benefits, protections and responsibilities are enforced at the city, country, state, regional or federal level:

a.  laws relating to title, tenure, descent and distribution, intestate succession, waiver of will, survivorship, or other incidents of the acquisition, ownership, or transfer, inter vivos or at death, of real or personal property, including eligibility to hold real and personal property as tenants by the entirety (parties to a civil union meet the common law unity of person qualification for purposes of a tenancy by the entirety);
b.  causes of action related to or dependent upon spousal status, including an action for wrongful death, emotional distress, loss of consortium, dramshop, or other torts or actions under contracts reciting, related to, or dependent upon spousal status;
c.  probate law and procedure, including nonprobate transfer;
d.  adoption law and procedure
e.  group insurance for federal employees;
f.  spouse abuse programs;
g.  prohibitions against discrimination based upon civil union status;
h.  workers' compensation benefits;
i.  laws relating to emergency and nonemergency medical care and treatment, hospital visitation and notification;
j.  family leave benefits;
k.  public assistance benefits;
l.  laws relating to taxes imposed by the region, state or a municipality;
m.  laws relating to immunity from compelled testimony and the civil union communication privilege;
n.  laws relating to loans to veterans;
o.  state or Regional pay for military service.

6.  Parties to a civil union may modify the terms, conditions, or effects of their civil union by executing an antenuptial agreement or other agreement recognized and enforceable under the law, setting forth particular understandings with respect to their union.

[Sam Spade]

Article 5 – Records and Licenses in Civil Unions

Section 1 - Civil Union Licenses

1.  Upon application in a form prescribed by the department, the chief judicial officer of the presiding Region shall issue a "civil union license" in the form prescribed by the department, and shall enter thereon the names of the parties to the proposed civil union, fill out the form as far as practicable and retain a copy in the Regional judicial office. Both parties to the proposed civil union shall sign the application attesting to the accuracy of the facts stated.

2.  A civil union license shall be delivered by one of the parties to a proposed civil union, within sixty (60) days from the date of issue, to a person authorized to certify civil unions by Section 3, Clause 1 of this Article. If the proposed civil union is not certified within sixty (60) days from the date of issue, the license shall become void. After a person has certified the civil union, they shall fill out that part of the form on the license provided for such use, sign and certify the civil union. Thereafter, the document shall be known as a "civil union certificate".

3.  Within ten days of the certification, the person performing the certification shall return the civil union certificate to the office of the chief judicial officer of the Region from which the license was issued. The officer shall retain and file the original.

4.  An officer who knowingly issues a civil union license without first requiring the applicant to fill out, sign and make oath to the declaration contained therein, shall be fined not more than $500.00 nor less than $200.00.

5.  A person making application to a clerk for a civil union license who makes a material misrepresentation in the declaration of intention shall be deemed guilty of perjury.

6.  The chief judicial officer of the presiding Region shall issue a civil union license to all applicants who have complied with the provisions of above-stated clauses of this section, and who are otherwise qualified under the laws of the city, county, state, regional or federal government to apply for a civil union license.

Section 2 – Restrictions on Civil Union Licenses

1.  The chief judicial officer of the presiding Region shall not issue a civil union license when either party to the intended civil union is:
a.  under eighteen (18) years of age;
b.  non compos mentis;
c.  under guardianship, without the written consent of such guardian.

2.  Every civil union contracted into in which either party has not attained the age of eighteen (18) years is void except if the above-stated requirements have been waived by the presiding judicial officer of the Region in which one of the parties resides on a showing of necessity.

3.  An officer who knowingly violates Clauses 1 or 2 of this Section shall be fined not more than $200.00. A person who aids in procuring a civil union license by falsely pretending to be the guardian having authority to give consent to the civil union shall be fined not more than $500.00.

Section 3 – Authorization, Certification and Dissolution of Civil Union Licenses

1.  A civil union may be certified by a supreme court justice, a chief judicial officer of a Region, a superior court judge, a district judge, a judge of probate, an assistant judge, or a justice of the peace.

2.  Persons authorized by Clause 1 of this Section to certify civil unions shall require a civil union license of the parties before certifying the civil union. The license shall afford full immunity to the person who certifies the civil union.

3.  A person who certifies a civil union shall be fined not less than $100.00, if such person:
a.  certifies a civil union without first obtaining the license; or
b.  fails to properly fill out the license and, within ten (10) days from the date of the certification, return the license and certificate of civil union to the clerk's office from which it was issued.

4.  A copy of the record of the civil union received from the chief judicial officer of the Region shall be presumptive evidence of the civil union in all courts.

5.  The presiding judicial officer of the Region in which the parties of a civil union reside shall have jurisdiction over all proceedings relating to the dissolution of civil unions and has the authority to delegate powers accordingly.

Article 6 – Statement Concerning Recognition of Regional and State Law per Constitutional Responsibilities

  The federal government shall continue to recognize and uphold all Regional and state laws and statutes concerning civil unions, divorce, adoption and emancipation of minors, civil union property law, child custody, alimony, child support or any other subject so covered by Article 1, Section 5, Clause 5 of the Constitution of the Republic of Atlasia that do not directly or indirectly conflict with the laws and statutes so laid out in this legislation and future legislation concerning the above-stated subjects and Constitutional clauses.

Article 7 – Repealed Legislation

1.  The Civil Unions Act is hereby repealed in full.

2.  The Marriage Equity Act is hereby repealed in full.

[True Democrat]

I'll withdraw my amendment.

[Sam Spade]

Made a couple of minor changes, so it should be in final form.

[Emsworth]

The question is on passage of the amendment. All those in favor, say Aye; those opposed, say No.

[DanielX]

Yea

[MasterJedi]

Aye

[Colin]

Aye

[True Democrat]

Aye

[7,052,770]

aye on the amendment

[Sam Spade]

Aye.

[Emsworth]

With six ayes, the amendment is passed.

[PBrunsel]

Doesn't matter anyway if I vote now on SamSpade's amendment because the dang vote was held when I was not here!

But I vote aye for the record.

[MHS2002]

Aye for the record