Bill Text: HI HB248 | 2021 | Regular Session | Amended
Bill Title: Relating To Personal Relationships.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-03-11 - Referred to JDC. [HB248 Detail]
Download: Hawaii-2021-HB248-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
248 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PERSONAL RELATIONSHIPS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to establish a category of authorized, secular wedding and civil union practitioners to be known as "civil celebrants", thereby ensuring equal treatment of religious and secular wedding and civil union practitioners regarding the rite of marriage.
SECTION 2. Section 572-12, Hawaii Revised Statutes, is amended to read as follows:
"§572-12 By whom solemnized[.];
fee. (a) A license to solemnize marriages
may be issued to, and the marriage rite may be performed and solemnized by [any]:
(1) Any minister,
priest, or officer of any religious denomination or society who has been
ordained or is authorized to solemnize marriages according to the usages of [such]
the denomination or society[, or any];
(2) Any religious
society not having clergy but providing solemnization in accordance with the
rules and customs of that society[, or any];
(3) Any justice
or judge or magistrate, active or retired, of a state or federal court in the
State[,]; or
(4) Any civil celebrant,
upon presentation to [such] the person
or society solemnizing the marriage of a license to marry, as prescribed
by this chapter. [Such] The
person or society solemnizing the marriage may receive the price
stipulated by the parties or the gratification tendered.
(c) As used in this section, "civil celebrant" means a member of a secular or non-religious organization who is authorized by the organization to solemnize marriages."
SECTION 3. Section 572B-4, Hawaii Revised Statutes, is amended to read as follows:
"§572B-4
Solemnization; license to perform; refusal to join persons in a civil
union[.]; fee. (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] a marriage
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] the
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. Any civil
celebrant, as defined in section 572-12, 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.
(g) Every person or society licensed to solemnize civil unions under this section shall pay a $40 fee for each civil union solemnization performed within the State."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Marriages; Civil Unions; Solemnizations; Civil Celebrants
Description:
Authorizes members of secular or non-religious organizations to solemnize marriages and civil unions. Requires every person or society licensed to solemnize marriages or civil unions to pay a fee for each marriage ceremony or civil union solemnization performed within the State. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
