HOUSE BILL NO. 4790
June 15, 2023, Introduced by Reps. McFall and Morgan and referred to the Committee on
Government Operations.
A bill to amend 1939 PA 168, entitled
"An act to determine whether certain marriages solemnized in
another state by individuals authorized to solemnize marriages
under the laws of that state are to be recognized in this state,"
by amending section 1 (MCL 551.271), as amended by 1996 PA 334; and
to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. (1) Except as otherwise provided in this act, a
2 marriage contracted between a man and a woman 2 parties who are
3 residents of this state and who were, at the time of the marriage,
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1 legally competent to contract marriage according to the laws of
2 this state, which marriage is solemnized in another state within
3 the United States by a clergyman, clergy person, magistrate, or
4 other person legally authorized to solemnize marriages within that
5 state, is a valid and binding marriage under the laws of this state
6 to the same effect and extent as if solemnized within this state
7 and according to its laws.
8 (2) This section does not apply to a marriage contracted
9 between individuals of the same sex, which marriage is invalid in
10 this state under section 1 of chapter 83 of the revised statutes of
11 1846, being section 551.1 of the Michigan Compiled Laws.
12 Enacting section 1. Section 2 of 1939 PA 168, MCL 551.272, is
13 repealed.
14 Enacting section 2. This amendatory act does not take effect
15 unless Senate Joint Resolution ____ or House Joint Resolution F
16 (request no. 00367'23) of the 102nd Legislature becomes a part of
17 the state constitution of 1963 as provided in section 1 of article
18 XII of the state constitution of 1963.
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Statutes affected:
House Introduced Bill: 551.271, 551.272