WEST virginia Legislature

2018 regular session

Introduced

House Bill 4010

By Delegates Jennings, Ward, Evans, A., Hollen, Fast, Ambler, Martin, Paynter, Rowan, Graves and Zatezalo

[Introduced January 12, 2018; Referred
to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-2-406, relating to providing that a religious representative or spiritual assembly, church or religious organization is not required to solemnize a marriage and a spiritual assembly, church or religious organization is not required to allow any building or property of the organization to be used to host a marriage ceremony if the marriage does not conform to the religious representative or spiritual assembly, church or religious organization’s sincerely held religious beliefs, to provide that a religious representative or spiritual assembly, church or religious organization is not subject to civil or criminal liability for such a denial, and to provide that the state and political subdivisions may not penalize or withhold benefits to any religious representative or spiritual assembly, church or religious organization for such a denial.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2.  MARRIAGES.

§48-2-406.  No requirement to perform or host a marriage ceremony.

(1) No religious representative described in section 401 of this article or spiritual assembly, church or religious organization described in in section 401 of this article is required to solemnize a marriage that does not conform to the religious representative's or religious society's sincerely held religious beliefs.

(2) No spiritual assembly, church or religious organization in section 401 of this article is required to allow any building or property of the spiritual assembly, church or religious organization to be used to host a marriage ceremony for a marriage that does not conform to the spiritual assembly, church or religious organization's sincerely held religious beliefs.

(3) If a religious representative described in section 401 of this article or a religious society described in section 401 of this article refuses to solemnize a marriage or refuses to allow any building or property of the religious society to be used to host a marriage ceremony because of the religious representative's or religious society's sincerely held religious beliefs, the religious representative or religious society shall be immune from civil or criminal liability and neither the state nor a political subdivision of the state shall penalize or withhold any benefit or privilege from the religious representative or religious society, including any governmental contract, grant, or license.

NOTE: The purpose of this bill is to provide that a religious representative or spiritual assembly, church or religious organization is not required to solemnize a marriage and a spiritual assembly, church or religious organization is not required to allow any building or property of the organization to be used to host a marriage ceremony if the marriage does not conform to the religious representative or spiritual assembly, church or religious organization’s sincerely held religious beliefs, to provide that a religious representative or spiritual assembly, church or religious organization is not subject to civil or criminal liability for such a denial, and to provide that the state and political subdivisions may not penalize or withhold benefits to any religious representative or spiritual assembly, church or religious organization for such a denial.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.