Tuesday, May 15, 2012

Rhode Island Governor Chafee Signs an Executive Order Recognizing Out-of-State Gay Marriages.

On Monday, May 14, 2012, Rhode Island Governor Chafee signed an executive order recognizing same-sex marriages performed in other states.  Governor Chafee claimed that his executive order came in response to confusion and inconsistency within the Rhode Island State Department and Rhode Island agencies on how to treat out-of-state gay marriages.

The executive order requires state departments and agencies under the executive branch to recognize out-of-state same-sex marriages


The Executive order covers:

  • Insurance.  Insurance companies conducting business in Rhode Island must extend insurance to same-sex couples on the same terms as to married couples.  This includes automobile, life and health insurance policies.
  • Parental Rights.  When a child is born to a same-sex couple, birth certificate will list mother and spouse.
  • Property and Other Rights.  Surviving spouse will be listed on death certificate of a married decedent.  Same-sex spouse will be exempt from sales tax for transfers of property between the.



The Executive Order Does Not Cover:
  • Divorce.  Rhode Island Family Court will not conduct divorce proceedings for same-sex couples.
  • Income Tax.  Same-sex married couples will not be eligible to file state taxes jointly.
  • Estate Tax.  In gay marriages, the surviving spouse will not be eligible for the marital deduction under the Rhode Island estate tax.

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