SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2016 SESSION

16105515D
SENATE BILL NO. 41
FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by Senator Ebbin
on February 12, 2016)
(Patron Prior to Substitute--Senator Carrico)
A BILL to amend the Code of Virginia by adding a section numbered 57-2.03 and to repeal §§ 20-45.2 and 20-45.3 of the Code of Virginia, relating to religious freedom; solemnization of marriage.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 57-2.03 as follows:

§ 57-2.03. Religious freedom; solemnization of marriage.

A. No clergy person authorized to celebrate the rites of marriage pursuant to §§ 20-23 and 20-26 shall be required to solemnize any marriage.

B. A refusal by such person to solemnize a marriage shall not give rise to civil or criminal liability or any other action by the Commonwealth or a political subdivision to penalize or withhold benefits or privileges.

C. No court, clerk, or other government agency, official, or employee shall refer the public or the parties to a marriage to any persons other than clergy persons authorized to celebrate the rites of marriage pursuant to § 20-25 unless the order authorizing the celebrant provides that the celebrant shall not decline to solemnize a marriage between such parties who are lawfully licensed to be married. A celebrant shall not be deemed to have been referred solely on the basis that a person has requested and received confirmation that the celebrant is authorized.  

2. That §§ 20-45.2 and 20-45.3 of the Code of Virginia are repealed.