Bill Text: MI SB0227 | 2015-2016 | 98th Legislature | Introduced

---

Bill Title: Family law; marriage and divorce; prohibition on same-sex marriage; remove. 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: SB 0229'15, SJR I'15

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2015-03-24 - Referred To Committee On Judiciary [SB0227 Detail]

Download: Michigan-2015-SB0227-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 227

 

 

March 24, 2015, Introduced by Senators HERTEL, WARREN, BIEDA, ANANICH and KNEZEK and referred to the Committee on Judiciary.

 

 

 

     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

 

Marriage is a civil contract between a man and a woman, to which

 

the 2 individuals. To be legally valid, consent to marriage of by

 

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 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 under 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 any of the

 

following:

 

     (a) A parent.

 

     (b) A sibling.

 

     (c) A grandparent.

 

     (d) A son or daughter.

 

     (e) A grandchild.

 

     (f) A stepparent.

 

     (g) The spouse of a grandparent.

 

     (h) The spouse of a son or daughter.

 

     (i) The spouse of a grandchild.

 

     (j) A parent-in-law.

 

     (k) A grandparent-in-law.

 

     (l) A stepchild.

 

     (m) A step-grandchild.

 

     (n) The child of a sibling.

 

     (o) The sibling of a parent.

 

     (p) A cousin of the first degree.

 

     Sec. 9. In the solemnization of marriage, no particular form

 

shall be required, except that the parties each party shall

 

solemnly declare, in the presence of the person solemnizing the

 

marriage and the attending witnesses, that they take each he or she

 

takes the other as husband and wife; and in every case, there shall

 

be his or her spouse. To be legally valid, at least 2 witnesses

 

individuals, besides the person solemnizing the marriage, shall be

 

present as witnesses at the marriage 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 Senate Bill No. 229                                      

 

              of the 98th Legislature is enacted into law.

 

     Enacting section 3. This amendatory act does not take effect

 

unless Senate Joint Resolution I of the 98th Legislature becomes a

 

part of the state constitution of 1963 as provided in section 1 of

 

article XII of the state constitution of 1963.