Bill Text: MI HB4775 | 2023-2024 | 102nd Legislature | Introduced

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Bill Title: Family law: marriage and divorce; certain references in the revised statutes of 1846 of marriage and the solemnization thereof; make gender neutral. Amends secs. 2, 3 & 9 of 1846 RS 83 (MCL 551.2 et seq.) & repeals secs. 1 & 4 of 1846 RS 83 (MCL 551.1 & 551.4). TIE BAR WITH: HJR F'23, HB 4790'23

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-06-20 - Bill Electronically Reproduced 06/15/2023 [HB4775 Detail]

Download: Michigan-2023-HB4775-Introduced.html

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HOUSE BILL NO. 4775

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 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 is a civil contract between a man and a woman, 2 parties, 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. Consent shall must 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.

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 the individual's parent, sibling, grandparent, child, grandchild, stepparent, grandparent's spouse, child's spouse, grandchild's spouse, spouse's parent, spouse's grandparent, spouse's child, spouse's grandchild, sibling's child, parent's sibling, or cousin of the first degree.

Sec. 9. In the solemnization of marriage, no particular form shall be is required, except that the parties shall must solemnly declare, in the presence of the person solemnizing the marriage and the attending witnesses, that they take each other as husband and wife; spouses; and in every case, there shall must be at least 2 witnesses, besides the person solemnizing the marriage, present at the ceremony.

Enacting section 1. Sections 1 and 4 of 1846 RS 83, MCL 551.1 and 551.4, are repealed.

Enacting section 2. This amendatory act does not take effect unless both of the following occur:

(a) Senate Joint Resolution ____ or House Joint Resolution ____ F (request no. 00367'23) of the 102nd Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.

(b) Senate Bill No.____ or House Bill No.____ . 4790 (request no. 00367'23 ii) of the 102nd Legislature is enacted into law.