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Bill Proposed By Bismarck High Students

Bill Proposed By Bismarck High Students

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Published by Rob Port
A bill to legalize gay marriage proposed by Bismarck High School students.
A bill to legalize gay marriage proposed by Bismarck High School students.

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Published by: Rob Port on Jun 19, 2013
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09/13/2013

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Committee: Principal Authors: Somer Belverstone, JadenBrandner, Sierra Deringer, Katrina Engelhardt, Nicole Everitt, Daniel HeidenBill No.: Delegation:A BILL FOR AN ACT ENTITLED:The legalization and recognition of same sex marriage in North DakotaBE IT ENACTED BY THE STATE OF NORTH DAKOTAMarriage is a fundamental human right. Denying this right is an infringement on the ninth amendment of the Bill of Rights, which states: any power not given to the federal government in the constitution shall begiven to the people. These human rights are also exemplified by the fourteenth amendment which forbidsstates from denying any person “life, liberty, or property, without due process of law” or to “deny to any person within its jurisdiction the equal protection of the law.” North Dakota has violated this human right by denying same-sex couples the right to marry. According to the U. S. Census, roughly one in everyfive hundred households is a same-sex couple who is currently being denied the right to wed under the North Dakota Constitution and Century Code. The United States Supreme Court has ruled thatmarriage is a fundamental right in at least fourteen cases starting in 1888. For example, in the caseLoving v. Virginia (1967), marriage was deemed a fundamental right by the Supreme Court. Same-sexcouples should be granted the same protections, responsibilities, rights, obligations, and benefits of acivil marriage that are granted to married heterosexual couples. Married couples are allowed over 1,500state and federal benefits, which are currently being denied to those who are involved in a same-sexrelationship. Some of the benefits being denied to same-sex couples include the ability for one spouse tomake urgent medical decisions for the other, health benefits, the right to sue for a partner's wrongfuldeath, and difficulty with adopting and parenting. Some say children of a same-sex partnership will beraised in an unfit environment; however, recent studies from Australia’s Melbourne University haveshown that children of same-sex couples will be just as healthy as the children of a heterosexualmarriage, and the family members may communicate more openly with one another. Forbiddingsame-sex marriage encourages society to discriminate against the lesbian, gay, bisexual, and transgender (LGBT) community. Same-sex marriage does not only benefit LGBT persons. Each of the 12 stateswho have legalized same sex marriage have incurred a substantial economic boost. This economic boostwas fueled by an increase of in-state income and sales tax revenue. Based upon a UCLA study onsame-sex marriage, the average cost of a wedding in the United States is roughly $27,000, which is adirect cause for almost $15 million of in-state spending. It is the intent of the legislature that themarriages of same-sex and different-sex couples be treated equally in all respects under the law.Sec. 1: Let the North Dakota Constitution Article 11, Section 28 be amended to read:Marriage consists only of the legal union between a man and a woman two persons. No
 
other domestic union, however denominated, may be recognized as a marriage or given thesame or substantially equivalent legal effect.Sec. 2: Let Title 14-03 of the North Dakota Century Code be amended to read:14-03-01. What constitutes marriage - Spouse defined.Marriage is a personal relation arising out of a civil contract between one man and onewoman two persons to which the consent of the parties is essential. The marriage relation may beentered into, maintained, annulled, or dissolved only as provided by law. A spouse refers only to a person of the opposite sex who is a husband or a wife.14-03-01.1. Members of armed forces deemed residents.For the purpose of instituting any action or proceeding in the courts of this state, under the provisions of this title, in which residence is a requirement, any member of any branch of thearmed forces of the United States who is stationed within the state, and the wife, or husband, or spouseof such member, if that wife, or husband, or spouse is living within the state, must be deemed to be aresident of the state of North Dakota.14-03-02. Lawful age for marriage.Any unmarried person of the age of eighteen years or more, and not otherwise disqualified,is capable of consenting to and consummating a marriage. If a person is sixteen to eighteenyears of age, a marriage license may not be issued without the consent of the parents or guardian, if there are any. A marriage license may not be issued to any person below the age of sixteen, notwithstanding the consent of the parents or guardian of said person.14-03-03. Void marriages.The following marriages are incestuous and void:1. Marriage between parents and children, including grandparents and grandchildren of every degree.2. Marriage between brothers and sisters siblings of the half as well as the whole blood.3. Marriage between uncles and nieces or nephews of the half as well as the whole blood.4. Marriage between aunts and nephews and nieces of the half as well as the whole blood.5. Marriage between first cousins of the half as well as the whole blood.This section applies to illegitimate as well as legitimate children and relatives.14-03-06. Marriage of person having husband, or wife, or spouse void - Exception.A marriage contracted by a person having a former husband, or wife, or spouse living, if the former marriage has not been annulled or dissolved, is illegal and void from the beginning unless such former husband, or wife, or spouse was absent and believed by such person to be dead for a period of fiveyears immediately preceding such marriage.14-03-08. Foreign marriages recognized - Exception.Except when residents of this state contract a marriage in another state which is prohibitedunder the laws of this state, all marriages contracted outside this state, which are validaccording to the laws of the state or country where contracted, are valid in this state. Thissection applies only to a marriage contracted in another state or country which is between oneman and one woman as husband and wife two persons.Sec. 3: Where necessary to implement the rights and responsibilities of spouses under the law,

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