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572B-1 Definitions.

§572B-1 Definitions. As used in this chapter, unless the context otherwise requires: “Agent” means the person or persons appointed as an agent or agents by the department of health pursuant to section 572-5. “Civil union” means a union between two individuals established pursuant to this chapter. “Partner” means an individual who is a party to […]

572B-10 Unions performed in other jurisdictions.

§572B-10 Unions performed in other jurisdictions. A legal union of two persons that is not a marriage under chapter 572, which was validly formed in another jurisdiction, and which is substantially equivalent to a civil union under this chapter, shall be recognized as a valid civil union in this State and shall be treated the […]

572B-11 References and inclusions.

§572B-11 References and inclusions. A party to a civil union shall be included in any definition or use of the terms “spouse”, “family”, “immediate family”, “dependent”, “next of kin”, and other terms that denote the spousal relationship, as those terms are used throughout the laws of the State. [L 2011, c 1, pt of §2] […]

572B-2 Eligibility to enter into a civil union.

§572B-2 Eligibility to enter into a civil union. A person shall be eligible to enter into a civil union only if the person is: (1) Not a partner in another civil union or a spouse in a marriage; (2) At least eighteen years of age; and (3) Not related to the other proposed partner in […]

572B-3 Civil unions void; when.

§572B-3 Civil unions void; when. A civil union shall be void between the following persons: parent and child, grandparent and grandchild, two siblings, aunt and nephew, aunt and niece, uncle and nephew, uncle and niece, and persons who stand in relation to each other as ancestor and descendant of any degree whatsoever. [L 2011, c […]

572B-4 Solemnization; license to perform; refusal to join persons in a civil union.

§572B-4 Solemnization; license to perform; refusal to join persons in a civil union. (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 […]

572B-4.5 Rights held by reciprocal beneficiaries who enter into a civil union.

§572B-4.5 Rights held by reciprocal beneficiaries who enter into a civil union. (a) If two reciprocal beneficiaries enter into a civil union with each other, the rights, benefits, protections, or responsibilities created by the reciprocal beneficiary relationship shall be continuous through the civil union and deemed to have accrued as of the first date these […]

572B-5 Applicants for civil union; license required; limitations.

§572B-5 Applicants for civil union; license required; limitations. (a) No persons may be joined in a civil union in this State unless both partners have: (1) Met the requirements of section 572B-2; (2) Complied with section 572B-6 and, if applicable, section 572B-7; and (3) Been issued a license by an agent, which license shall bear […]

572B-7 Persons under control of conservator or guardian.

§572B-7 Persons under control of conservator or guardian. (a) No civil union license may be issued to any applicant under the supervision or control of a conservator or guardian, appointed in accordance with chapter 560, unless the written consent of the conservator or guardian is signed, notarized, and filed with the agent. (b) Any person […]

572B-9 Benefits, protections, and responsibilities.

§572B-9 Benefits, protections, and responsibilities. Partners to a civil union lawfully entered into pursuant to this chapter shall have all the same rights, benefits, protections, and responsibilities under law, whether derived from statutes, administrative rules, court decisions, the common law, or any other source of civil law, as are granted to those who contract, obtain […]

572B-9.5 Religious organizations; exemption under certain circumstances. (a) Notwithstanding any other law to the contrary, a religious organization or nonprofit organization operated, supervised, or controlled by a religious organization shall not be required to provide goods, services, or its facilities or grounds for the solemnization or celebration of a civil union that is in violation of its religious beliefs or faith. (b) A religious organization or nonprofit organization operated, supervised, or controlled by a religious organization that, pursuant to this section, fails or refuses to provide goods, services, or its facilities or grounds for the solemnization or celebration 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. [L 2012, c 267, pt of §3; am L Sp 2013 2d, c 1, §8] Cross References Marriage, exemption for religious organizations, see §572-12.2. Case Notes Complaint challenging the constitutionality of the civil unions law was moot because Act 267, L 2012, amended the civil unions law retroactively to add an immunity provision [this section], which provided immunity for religious organizations that refused to make their facilities available for solemnizing civil unions. Granting leave to amend complaint would be futile because the action would remain nonjusticiable; plaintiffs did not demonstrate that they had standing or that the action was ripe. 903 F. Supp. 2d 1024 (2012).

§572B-9.5 Religious organizations; exemption under certain circumstances. (a) Notwithstanding any other law to the contrary, a religious organization or nonprofit organization operated, supervised, or controlled by a religious organization shall not be required to provide goods, services, or its facilities or grounds for the solemnization or celebration of a civil union that is in violation […]