Tuesday, July 05, 2011

RI Gov Blasts (But Signs) Discriminatory Civil Unions Bill

Rhode Island Governor Lincoln Chaffee
Usually when a governor signs a civil union bill into law the LGBT community celebrates, but not this time. Rhode Island Independent Governor Lincoln Chaffee signed a civil unions bill into law over objections from a coalition of LGBT groups and opposition from religious heterosexual supremacists.

The debate is over the Corvese Amendment, which looks like:
15-3.1-5. Conscience and religious organizations protected. – (a) Notwithstanding any other provision of law to the contrary, no religious or denominational organization, no organization operated for charitable or educational purpose which is supervised or controlled by or in connection with a religious organization, and no individual employed by any of the foregoing organizations, while acting in the scope of that employment, shall be required:
(1) To provide services, accommodations, advantages, facilities, goods, or privileges for a purpose related to the solemnization, certification, or celebration of any civil union; or
(2) To solemnize or certify any civil union; or
(3) To treat as valid any civil union; if such providing, solemnizing, certifying, or treating as valid would cause such  organizations or individuals to violate their sincerely held religious beliefs.
(b) No organization or individual as described in subsection (a) above who fails or refuses to provide, solemnize, certify, or treat as valid, as described in subdivision (a)(1), (a)(2) or (a)(3) above, persons in a civil union, shall be subject to a fine, penalty, or other cause of action for such failure or refusal.
This is an incredibly broad religious exemption. Basically, it allows Catholic hospitals to deny life-saving medical decisions by one member of a civil union. In fact it allows any "religious" organization (or individual employee of such an organization) to completely ignore a civil union.

When Governor Chaffee signed the bill into law, according to the Middleton Patch he said:

That exemption, "gives these institutions and their employees the choice of refusing to recognize civil unions. As a result, a party to a civil union could be denied the right to make medical decisions for his or her partner, denied access to health insurance benefits, denied property rights in adjoining burial plots or denied family memberships at religiously-affiliated community centers. If religiously-affiliated hospitals, cemeteries, schools and community centers refuse to treat civil unions as valid, it would significantly harm civil union partners by failing to protect their medical, physical and commercial interests at critical moments in their lives," Chafee wrote. "This extraordinary exemption eviscerates the important rights that enacting a civil union law was meant to guarantee for same sex couples in the first place." 
"I am signing this bill because I believe that same sex couples should have the same legal rights, benefits, protections and responsibilities as heterosexual couples. Although this measure is a step forward, it fails to fully achieve those goals in its present form," Chafee wrote.
What's so bizarre about this fight is that Rhode Island already recognizes same-sex marriages from other jurisdictions. So, if one Rhode Island couple gets married in New York and another Rhode Island couple gets civilly united in Rhode Island, it is the locally wed couple that can be legally discriminated against under this law, while the externally married couple can NOT be discriminated against in the same fashion.


Why would any same-sex couple apply for a Rhode Island civil union when they can apply for a legal marriage license in New York (which has no residency requirement) starting TODAY?

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