November 10, 2009, Introduced by Reps. Byrnes, Warren, Lipton, Durhal, Cushingberry, Donigan, Liss, Young and Meadows and referred to the Committee on Judiciary.
A bill to amend 1846 RS 83, entitled
"Of marriage and the solemnization thereof,"
by amending sections 2, 3, and 9 (MCL 551.2, 551.3, and 551.9),
sections 2 and 3 as amended by 1996 PA 324, and by adding section
8; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2. So far as its validity in law is concerned, marriage
Marriage
is a civil contract between a man
and a woman, to which
the
2 individuals. To be legally
valid, consent to marriage of by
parties capable in law of contracting is essential. Consent alone
is not enough to effectuate a legal marriage on and after January
1, 1957. Consent shall be followed by obtaining a license as
required
by section 1 of Act No. 128 of the Public Acts of 1887,
being
section 551.101 of the Michigan Compiled Laws 1887 PA 128,
MCL
551.101, or as provided for by under section
1 of Act No. 180
of
the Public Acts of 1897, being section 551.201 of the Michigan
Compiled
Laws 1897 PA 180, MCL 551.201, and solemnization as
authorized
by sections 7 to 18. of this chapter.
Sec.
3. A man shall not marry his mother, sister, grandmother,
daughter,
granddaughter, stepmother, grandfather's wife, son's
wife,
grandson's wife, wife's mother, wife's grandmother, wife's
daughter,
wife's granddaughter, brother's daughter, sister's
daughter,
father's sister, mother's sister, or cousin of the first
degree,
or another man. An individual
shall not marry any of the
following:
(a) A parent.
(b) A sibling.
(c) A grandparent.
(d) A son or daughter.
(e) A grandchild.
(f) A stepparent.
(g) The spouse of a grandparent.
(h) The spouse of a son or daughter.
(i) The spouse of a grandchild.
(j) A parent-in-law.
(k) A grandparent-in-law.
(l) A stepchild.
(m) A step-grandchild.
(n) The child of a sibling.
(o) The sibling of a parent.
(p) A cousin of the first degree.
Sec. 8. (1) A minister of the gospel, cleric, or religious
practitioner may refuse to solemnize a marriage between 2
individuals. The right under this section includes the right to
refuse to certify a marriage, sign a marriage license, transfer a
marriage license, or any other act related to the solemnization or
recognition of a marriage.
(2) A person shall not bring an action against a minister of
the gospel, cleric, or religious practitioner or any religious
organization with which the minister, cleric, or practitioner is
affiliated because of a refusal under this section.
Sec. 9. In the solemnization of marriage, no particular form
shall
be required, except that the parties each party shall
solemnly declare, in the presence of the person solemnizing the
marriage
and the attending witnesses, that they take each he or she
takes
the other as husband and wife; and
in every case, there shall
be
his or her spouse. To be
legally valid, at least 2 witnesses
individuals, besides the person solemnizing the marriage, shall be
present as witnesses at the marriage ceremony.
Enacting section 1. Sections 1 and 4 of 1846 RS 84, MCL 551.1
and 551.4, are repealed.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5588(request no.
04075'09 a) of the 95th Legislature is enacted into law
Enacting section 3. This amendatory act does not take effect
unless Senate Joint Resolution ____ or House Joint Resolution NN
(request no. 04059'09) of the 95th Legislature becomes a part of
the state constitution of 1963 as provided in section 1 of article
XII of the state constitution of 1963.