§572B-4 Solemnization; license to perform; refusal to join persons in a civil union.

387 words·~2 min read·/hi/572b-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A civil union shall become valid only upon completion of a solemnization by a person licensed in accordance with this section.

(b)Any judge or retired judge, including a federal judge or judge of another state who may legally join persons in chapter 572 or a civil union, may solemnize a civil union. Any clergy, minister, priest, rabbi, or officer of any religious denomination or society who has been ordained or is authorized to solemnize civil unions according to the usages of such denomination or society, or any religious society not having clergy but providing solemnization in accordance with the rules and customs of that society, may solemnize a civil union.

(c)Notwithstanding any other law to the contrary, a clergy, minister, priest, rabbi, officer of any religious denomination or society, or religious society not having clergy but providing solemnizations that is authorized to perform solemnizations of civil unions pursuant to this chapter shall not be required to solemnize any civil union that is in violation of their religious beliefs or faith.

(d)A clergy, minister, priest, rabbi, officer of any religious denomination or society, or religious society not having clergy but providing solemnizations that, pursuant to this section, fails or refuses to perform the solemnization of a civil union shall be immune from any fine, penalty, injunction, administrative proceeding, or any other legal or administrative liability for the failure or refusal.

(e)No agent may solemnize a civil union; nor may any assistant or deputy of the agent solemnize a civil union.

(f)No person shall perform the solemnization of a civil union without first having obtained a license from the department of health. The department of health shall issue licenses to solemnize civil unions in the same manner as it issues licenses pursuant to chapter 572. The department of health may revoke or suspend a license to solemnize civil unions. Any penalties or fines that may be levied or assessed by the department of health for violation of chapter 572 shall apply equally to a person licensed to solemnize civil unions. [L 2011, c 1, pt of §2; am L 2012, c 267, §6; am L Sp 2013 2d, c 1, §7]

Cross References

Refusal to solemnize a marriage, see §572-12.1.