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Rhode Island

STATUTES

Men forbidden to marry kindred. --

No man shall marry his mother, grandmother, daughter, son's daughter, daughter's daughter, stepmother, grandfather's wife, son's wife, son's son's wife, daughter's son's wife, wife's mother, wife's grandmother, wife's daughter, wife's son's daughter, wife's daughter's daughter, sister, brother's daughter, sister's daughter, father's sister, or mother's sister.

(Rhode Island statute section 15-1-1)


Women forbidden to marry kindred. --

No woman shall marry her father, grandfather, son, son's son, daughter's son, stepfather, grandmother's husband, daughter's husband, son's daughter's husband, daughter's daughter's husband, husband's father, husband's grandfather, husband's son, husband's son's son, husband's daughter's son, brother, brother's son, sister's son, father's brother, or mother's brother.

(Rhode Island Statutes section 15-1-2)


Incestuous marriages void. --

If any man or woman intermarries within the degrees stated in § 15-1-1 or § 15-1-2, the marriage shall be null and void.

(Rhode Island Statutes section 15-1-3)


Bigamous marriages void -- Marriage of persons who are mentally incompetent. --

Any marriage, when either of the parties at the time of the marriage has a former wife or husband living who has not been, by final decree, divorced from that party, and any marriage where either of the parties is mentally incompetent at the time of the marriage, shall be absolutely void, and no life estate created by chapter 25 of title 33 shall be assigned to any widow in consequence of the marriage.

(Rhode Island Statutes section 15-1-5)


LITIGATION

Chambers v. Ormiston, R. I. Supreme Court Case No. 2006-340

A Rhode Island lesbian couple traveled to Massachusetts and were "married," then returned to continue residing in Rhode Island. They filed a complaint and counter-complaint for divorce in the Rhode Island Family Court. Since same-sex "marriage" has never been legally recognized in Rhode Island, the Family Court has certified the following question to the Rhode Island Supreme Court, after the high court remanded the case to the Family Court for initial findings: "May the Family Court properly recognize, for the purpose of entertaining a divorce petition, the marriage of two persons of the same sex who were purportedly married in another state?"

On December 07, 2007 The Rhode Island Supreme Court ruled that the Rhode Island Family Court may not recognize a divorce petition of a same sex "marriage" from another state. The Opinion can be viewed here.

Rhode Island Attorney General's Opinion Letter on Recognition of Foreign Same-Sex "Marriages" (February 20, 2007)

Draft Memorandum on the Opinion of the Attorney General of Rhode Island Dated February 20, 2007 (Marriage Law Project)

 

 
     
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