§572B-9.5  Religious organizations; exemption under certain circumstances.  (a)  Notwithstanding any other law to the contrary, a religious organization or nonprofit organization operated, supervised, or controlled by a religious organization shall not be required to provide goods, services, or its facilities or grounds for the solemnization or celebration of a civil union that is in violation of its religious beliefs or faith.

     (b)  A religious organization or nonprofit organization operated, supervised, or controlled by a religious organization that, pursuant to this section, fails or refuses to provide goods, services, or its facilities or grounds for the solemnization or celebration of a civil union shall be immune from any fine, penalty, injunction, administrative proceeding, or any other legal or administrative liability for the failure or refusal. [L 2012, c 267, pt of §3; am L Sp 2013 2d, c 1, §8]

Cross References

  Marriage, exemption for religious organizations, see §572-12.2.

Case Notes

  Complaint challenging the constitutionality of the civil unions law was moot because Act 267, L 2012, amended the civil unions law retroactively to add an immunity provision [this section], which provided immunity for religious organizations that refused to make their facilities available for solemnizing civil unions.  Granting leave to amend complaint would be futile because the action would remain nonjusticiable; plaintiffs did not demonstrate that they had standing or that the action was ripe.  903 F. Supp. 2d 1024 (2012).