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Same-sex marriage bills face Senate

Both bills could legalize same-sex marriage, though one would require a referendum

The Senate Judiciary committee will meet Thursday to hear two same-sex marriage bills, including one that would legalize same-sex marriage — the Senate version of the bill that passed the House in January.

The committee is not planning to vote on the legislation at this meeting, said Greg Pare, director of communications for the President of the Senate. But the hearing could be the first step toward a vote in the coming weeks or months.

The bill, introduced by Sen. Donna Nesselbush ’84, D-Pawtucket, would legalize same-sex marriage and replace the same-sex civil union law passed by the General Assembly in 2011. The legislation would also include measures that aim to safeguard freedom of religion, including a clause that would exempt religious leaders that do not approve of same-sex marriage from having to perform or endorse same-sex marriages.

The bill is supposed to come to a vote in the Judiciary committee, but its fate remains uncertain due to split support among the 10 committee members. If the committee supports the legislation, it would go to the floor of the Senate for a vote by the entire body. Despite a significant Democratic majority in the Senate, passage remains far from guaranteed as several prominent leaders, including Senate President Teresa Paiva-Weed, D-Newport, oppose same-sex marriage.

The House passed a similar bill by an overwhelming majority Jan. 25.

The second piece of legislation scheduled for a hearing would ask voters to approve or reject a constitutional amendment legalizing same-sex marriage in a statewide referendum. The resolution would add a question to the 2014 ballot that reads, “Approval of this amendment will recognize and define marriage in the state of Rhode Island as a legally recognized union of two ... people,” with the option to approve or reject the amendment. The bill was introduced by Sen. Frank Ciccone, D-Providence and has 10 co-sponsors. Gov. Lincoln Chafee ’75 P’14 has previously stated that he would veto any bill that tried to put same-sex marriage up for referendum.

Ciccone’s resolution includes provisions that exempt religious leaders, religious groups and small businesses that do not approve of same-sex marriage on religious grounds from providing goods or services for a “ceremony of solemnization or celebration of a marriage which violates the small business owner’s religious beliefs.” The text of the bill prevents these organizations from being sued for their failures to provide their services to a same-sex couple for a wedding.

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