Here is the Text of Maryland's Civil Marriage Protection Act

This is the TEXT of the LAW. Watch this site for postings about how the law ought to be (but is not) read by the opposition. 


We all need to remember:

the LAW, as written, is not about weddings, or about who officiates, or where a wedding takes place. Nope. 

The law is about access to a government-issued Marriage License. 


The law does NOT require any religious organization to perform weddings that do not accord with church doctrine.


AN ACT concerning

Civil Marriage Protection Act

FOR the purpose of altering a provision of law establishing that only certain

marriages are valid in this State; making stylistic and conforming changes in

certain provisions of law prohibiting marriages within certain degrees of

relationship; prohibiting  certain officials from being required to solemnize or

officiate a particular marriage or religious rite of a marriage in violation of a

certain constitutional right; establishing that certain religious entities have

exclusive control over their own theological doctrine, policy teachings, or beliefs

regarding who may marry within that faith; prohibiting certain officials from

being subject to any fine or penalty for failing or refusing to join individuals in

marriage; prohibiting certain religious entities from being required to provide

services, accommodations, advantages, facilities, goods, or privileges to an

individual under certain circumstances; providing that a certain refusal by a

certain religious entity or an individual employed by a certain religious entity

may not create a civil claim or cause of action or result in any State action to

penalize, withhold benefits from, or discriminate against such entities or

individuals; prohibiting certain fraternal benefit societies from being required to

admit an individual as a member or provide insurance benefits to an individual

under certain circumstances; providing that a certain refusal by a certain

fraternal benefit society may not create a civil claim or cause of action or

constitute the basis for the withholding of governmental benefits or services

from the fraternal benefit society; providing for the construction of this Act;

providing for a delayed effective date;  making this Act contingent on the

resolution of certain litigation under certain  circumstances; declaring that the

provisions of this Act are not severable; and generally relating to valid

marriages and religious freedom.

BY repealing and reenacting, with amendments,

Article – Family Law

Section 2–201 and 2–202

Annotated Code of Maryland

(2006 Replacement Volume and 2011 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

MARYLAND, That the Laws of Maryland read as follows:

2–201

(A) THIS SECTION MAY NOT BE CONSTRUED TO INVALIDATE ANY OTHER

PROVISION OF THIS TITLE.

(B) Only a marriage between [a man and a woman] TWO INDIVIDUALS WHO

ARE NOT OTHERWISE PROHIBITED FROM MARRYING is valid in this State.

2–202.

(a) Any marriage performed in this State that is prohibited by this section is

void.

(b) (1) [A man] AN INDIVIDUAL may not marry  [his] THE INDIVIDUAL’S:

[(i) grandmother;

(ii) mother;

(iii) daughter;

(iv) sister; or

(v) granddaughter.

(2) A woman may not marry her:

(i) grandfather;

(ii) father;

(iii) son;

(iv) brother; or

(v) grandson]

(I) GRANDPARENT;

(II) PARENT;

(III) CHILD;

(IV) SIBLING; OR

(V) GRANDCHILD.

[(3)] (2) An individual who violates any provision of this subsection

is guilty of a misdemeanor and on conviction is subject to a fine of $1,500.

(c) (1) [A man] AN INDIVIDUAL may not marry  [his] THE

INDIVIDUAL’S:

[(i) grandfather’s wife;

(ii) wife’s grandmother;

(iii) father’s sister;

(iv) mother’s sister;

(v) stepmother;

(vi) wife’s mother;

(vii) wife’s daughter;

(viii) son’s wife;

(ix) grandson’s wife;

(x) wife’s granddaughter;

(xi) brother’s daughter; or

(xii) sister’s daughter.

(2) A woman may not marry her:

(i) grandmother’s husband;

(ii) husband’s grandfather;

(iii) father’s brother;

(iv) mother’s brother;

(v) stepfather;

(vi) husband’s father;

(vii) husband’s son;

(viii) daughter’s husband;

(ix) husband’s grandson;

(x) brother’s son;

(xi) sister’s son; or

(xii) granddaughter’s husband]

(I) GRANDPARENT’S SPOUSE;

(II) SPOUSE’S GRANDPARENT;

(III) PARENT’S SIBLING;

(IV) STEPPARENT;

(V) SPOUSE’S PARENT;

(VI) SPOUSE’S CHILD;

(VII) CHILD’S SPOUSE;

(VIII) GRANDCHILD’S SPOUSE;

(IX) SPOUSE’S GRANDCHILD; OR

(X) SIBLING’S CHILD.

[(3)] (2) An individual who violates any provision of this subsection

is guilty of a misdemeanor and on conviction is subject to a fine of $500.

SECTION 2. AND BE IT FURTHER ENACTED, That an official of a religious

order or body authorized by the rules and customs of that order or body to perform a
marriage ceremony may not be required to solemnize or officiate any particular
marriage or religious rite of any marriage in violation of the right to free exercise of
religion guaranteed by the First Amendment to the United States Constitution and by
the Maryland Constitution and Maryland Declaration of Rights. Each religious
organization, association, or society has exclusive control over its own theological
doctrine, policy teachings, and beliefs regarding who may marry within that faith. An
official of a religious order or body authorized to join individuals in marriage under §2–406(a)(2)(i) of the Family Law Article and who fails or refuses to join individuals in marriage is not subject to any fine or other penalty for the failure or refusal

SECTION 3. AND BE IT FURTHER ENACTED, That:

(a) Notwithstanding any other provision of law, a religious organization,

association, or society, or any  nonprofit institution or organization operated,
supervised, or controlled by a religious organization, association, or society, may not be
required to provide services, accommodations, advantages, facilities, goods, or
privileges to an individual if the request for the services, accommodations, advantages,
facilities, goods, or privileges is related to:

(1) the solemnization of a marriage or celebration of a marriage that is

in violation of the entity’s religious beliefs; or

(2) the promotion of marriage through any social or religious programs

or services, in violation of the entity’s religious beliefs, unless State or federal funds are received for that specific program or service.

(b) A refusal by an entity described in subsection (a) of this section, or of any

individual who is employed by an entity described in subsection (a) of this section, to
provide services, accommodations, advantages, facilities, goods, or privileges in
accordance with subsection (a) of this section may not create a civil  claim or cause of
action or result in any State action to penalize, withhold benefits from, or discriminate
against the entity or individual.

(c) Nothing in this Act shall be deemed or construed to prohibit any religious

organization, association, or  society, or any nonprofit institution or organization
operated, supervised, or controlled by a religious organization, association, or society,
from limiting admission to or giving preferences to individuals of the same religion or
denomination when otherwise permitted by law.

SECTION 4. AND BE IT FURTHER ENACTED, That:

(a) Notwithstanding any other provision of law, a fraternal benefit society

described in § 8–402 of the Insurance Article that is operated, supervised, or controlled by a religious organization may not be required to admit an individual as a member or to provide insurance benefits to an individual if to do so would violate the society’s religious beliefs.

(b) A refusal by a fraternal benefit society described in subsection (a) of this

section to admit an individual as a member or to provide insurance benefits to an

individual may not create a civil claim or cause of action or constitute the basis for the withholding of governmental benefits or services from the fraternal benefit society.

SECTION 5. AND BE IT FURTHER ENACTED, That, if a petition to refer this

Act to the people is filed with the Secretary of State in accordance with Article

XVI of the Maryland Constitution and Title 6 of the Election Law Article, and a dispute
arises as  to the validity or sufficiency of the signatures required to complete the
referendum petition as provided under Title 6 of the Election Law Article, this Act
shall not take effect until the resolution of any litigation resulting from the dispute.

SECTION 6. AND BE IT FURTHER ENACTED, That, notwithstanding the

provisions of Article 1, § 23 of the Annotated Code of Maryland, the provisions of this
Act are not severable, and if any provision of this Act or the application thereof to any
person or circumstance is held invalid for any reason in a court of competent
jurisdiction, no other provision or application of this Act may be given effect and this
Act shall be null and void.

SECTION 7. AND BE IT FURTHER ENACTED, That, subject to Section 5 of

this Act, this Act shall take effect October 1, 2012 January 1, 2013.

Approved by the Governor, March 1, 2012.


SOURCE: (House Bill 438) Civil Marriage Protection Act