Bill Text: MI HB5588 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Family law; marriage and divorce; prohibition of same-sex marriage; remove from foreign marriage act. Amends sec. 1 of 1939 PA 168 (MCL 551.271) & repeals sec. 2 of 1939 PA 168 (MCL 551.272). TIE BAR WITH: HB 5587'09, HJR NN'09

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2009-11-12 - Printed Bill Filed 11/12/2009 [HB5588 Detail]

Download: Michigan-2009-HB5588-Introduced.html

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HOUSE BILL No. 5588

 

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 1939 PA 168, entitled

 

"An act to determine whether certain marriages solemnized in

another state by individuals authorized to solemnize marriages

under the laws of that state are to be recognized in this state,"

 

by amending section 1 (MCL 551.271), as amended by 1996 PA 334; and

 

to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) Except as otherwise provided in this act, a A

 

marriage that is contracted between a man and a woman 2 individuals

 

who are residents of this state and, who were, at the time of the

 

marriage, legally competent to contract marriage according to the

 

laws of this state , which marriage and that is solemnized in

 

another state within of the United States by a clergyman,

 

magistrate, or other person legally authorized to solemnize

 

marriages within in that state , is a valid and binding marriage

 

under the laws of this state to the same effect and extent as if

 

solemnized within in this state and according to its laws.

 

     (2) This section does not apply to a marriage contracted

 

between individuals of the same sex, which marriage is invalid in

 

this state under section 1 of chapter 83 of the revised statutes of

 

1846, being section 551.1 of the Michigan Compiled Laws.

 

     Enacting section 1. Section 2 of 1939 PA 168, MCL 551.272, is

 

repealed.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5587(request no.

 

04075'09) 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.