Note
Part heading added by L 1984, c 79, §1.
Attorney General Opinions
Enacting legislation to allow same-sex couples to marry is not inconsistent with the state constitution or the U.S. Constitution. Att. Gen. Op. 13-1.
[§572-1.7] Continuity of rights; civil union and reciprocal beneficiary relationships. (a) Two individuals who are civil union partners or reciprocal beneficiaries with each other and who seek to marry each other shall be permitted to apply for a marriage license under section 572-6 and to marry each other under this chapter without first terminating their civil union or reciprocal beneficiary relationship; provided that the two individuals are otherwise eligible to marry under this chapter.
(b) The couple's civil union or reciprocal beneficiary relationship shall continue uninterrupted until the solemnization of the marriage consistent with this chapter, and the solemnization of the couple's marriage shall automatically terminate the couple's civil union or reciprocal beneficiary relationship.
(c) The act of seeking a license for or entering into a marriage under this chapter shall not diminish any of the rights, benefits, protections, and responsibilities that existed previously due to the couple's earlier status as civil union partners or reciprocal beneficiaries.
(d) The rights, benefits, protections, and responsibilities created by the civil union or reciprocal beneficiary relationship shall be continuous through the marriage and deemed to have accrued as of the first date these rights existed under the civil union or reciprocal beneficiary relationship; provided that the civil union or reciprocal beneficiary relationship was in effect at the time of the solemnization of the couple's marriage to each other.
(e) Any rights, benefits, protections, and responsibilities created by the solemnization of a marriage that were not included within the reciprocal beneficiary relationship shall be recognized as of the date the marriage was solemnized.
(f) Property held by the couple in tenancy by the entirety shall be subject to section 509-3. [L Sp 2013 2d, c 1, pt of §2]
Section: Previous 572-1 572-1.5 572-1.6 572-1.7 572-1.8 572-1.9 572-2 572-3 572-4 572-5 572-6 572-7 572-8 572-9 572-10 NextLast modified: October 27, 2016