June 17, 2015, Introduced by Reps. Courser and Gamrat and referred to the Committee on Government Operations.
A bill to amend 1846 RS 83, entitled
"Of marriage and the solemnization thereof,"
by amending sections 2, 7, and 16 (MCL 551.2, 551.7, and 551.16),
section 2 as amended by 1996 PA 324, section 7 as amended by 2014
PA 278, and section 16 as amended by 2006 PA 419.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) So far as its validity in law is concerned,
marriage is a civil contract between a man and a woman, to which
the consent of parties capable in law of contracting is essential.
Consent alone is not enough to effectuate a legal marriage on and
after January 1, 1957 and until 89 days after the effective date of
the
2015 amendatory act that amended this section. Consent
Beginning January 1, 1957 and ending 89 days after the effective
date of the 2015 amendatory act that amended this section, 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 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.
(2) Beginning 90 days after the effective date of the 2015
amendatory act that amended this section, consent to be married
shall be followed by obtaining a certificate as provided in section
1 of 1887 PA 128, MCL 551.101, or as provided for by section 1 of
1897 PA 189, MCL 551.201, and solemnization as authorized by
sections 7 to 18 of this chapter.
Sec.
7. (1) Marriages Before 90
days after the effective date
of the 2015 amendatory act that amended this section, marriages may
be solemnized by any of the following:
(a) A judge of the district court, anywhere in this state.
(b) A district court magistrate, anywhere in this state.
(c) A municipal judge, in the city in which the judge is
serving or in a township over which a municipal court has
jurisdiction under section 9928 of the revised judicature act of
1961, 1961 PA 236, MCL 600.9928.
(d) A judge of probate, anywhere in this state.
(e) A judge of a federal court.
(f) A mayor of a city, anywhere in a county in which that city
is located.
(g) A county clerk in the county in which the clerk serves, or
in another county with the written authorization of the clerk of
the other county.
(h) For a county having more than 1,500,000 inhabitants, an
employee of the county clerk's office designated by the county
clerk, in the county in which the clerk serves.
(i)
A minister of the gospel, or cleric, or religious
practitioner, anywhere in this state, if the minister of the
gospel, or cleric, or religious practitioner
is ordained or
authorized to solemnize marriages according to the usages of the
denomination.
(j)
A minister of the gospel, or cleric, or religious
practitioner, anywhere in this state, if the minister of the
gospel,
or cleric, or religious practitioner is not a resident of
this state but is authorized to solemnize marriages under the laws
of
the state in which the minister
of the gospel, or cleric, or
religious practitioner resides.
(2)
A Before 90 days after the
effective date of the 2015
amendatory act that amended this section, a person authorized by
this act to solemnize a marriage shall keep proper records and
return licenses and certificates as required by section 4 of 1887
PA 128, MCL 551.104. Beginning 90 days after the effective date of
the 2015 amendatory act that amended this section, a person
authorized by this act to solemnize a marriage shall keep proper
records and return certificates as required by section 4 of 1887 PA
128, MCL 551.104.
(3)
If Before 90 days after
the effective date of the 2015
amendatory act that amended this section, if a mayor of a city
solemnizes a marriage, the mayor shall charge and collect a fee to
be determined by the council of that city, which shall be paid to
the city treasurer and deposited in the general fund of the city at
the end of the month.
(4)
If Before 90 days after
the effective date of the 2015
amendatory act that amended this section, if the county clerk or,
in a county having more than 1,500,000 inhabitants, an employee of
the clerk's office designated by the county clerk solemnizes a
marriage, the county clerk shall charge and collect a fee to be
determined by the commissioners of the county in which the clerk
serves. The fee shall be paid to the treasurer for the county in
which the clerk serves and deposited in the general fund of that
county at the end of the month.
(5) Beginning 90 days after the effective date of the 2015
amendatory act that amended this section, marriages may only be
solemnized by either of the following:
(a) A minister of the gospel, cleric, or religious
practitioner, anywhere in this state, if the minister of the
gospel, cleric, or religious practitioner is ordained or authorized
to solemnize marriages according to the usages of the denomination.
(b) A minister of the gospel, cleric, or religious
practitioner, anywhere in this state, if the minister of the
gospel, cleric, or religious practitioner is not a resident of this
state but is authorized to solemnize marriages under the laws of
the state in which the minister of the gospel, cleric, or religious
practitioner resides.
Sec.
16. (1) A Before
90 days after the effective date of the
2015 amendatory act that amended this section, a marriage
solemnized before an individual professing to be a district judge,
common pleas court judge, district court magistrate, municipal
judge, judge of probate, judge of a federal court, mayor, the
county
clerk or, in a county having more than 2,000,000 1,500,000
inhabitants, an employee of the county clerk designated by the
clerk
to solemnize marriages, or a minister of the gospel, or
cleric, or religious practitioner shall not be considered or
adjudged to be void, nor shall the validity of the marriage be
affected, on account of a want of jurisdiction or authority by that
individual if the marriage was consummated with a full belief on
the part of the individuals married, or either of them, that they
were lawfully joined in marriage.
(2) Beginning 90 days after the effective date of the 2015
amendatory act that amended this section, a marriage solemnized
before an individual professing to be a minister of the gospel,
cleric, or religious practitioner is not considered or adjudged to
be void, nor shall the validity of the marriage be affected, on
account of a want of jurisdiction or authority by that individual
if the marriage was consummated with a full belief on the part of
the individuals married, or either of them, that they were lawfully
joined in marriage.
Enacting section 1. This amendatory act does not take effect
unless and until the United States Supreme Court determines that
section 25 of article I of the state constitution of 1963 is
unconstitutional.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4733 (request no.
02477'15).
(b) Senate Bill No.____ or House Bill No. 4731 (request no.
02477'15 b).