Legislation
SECTION 10-B
Religious exception
Domestic Relations (DOM) CHAPTER 14, ARTICLE 3
§ 10-b. Religious exception. 1. Notwithstanding any state, local or
municipal law, rule, regulation, ordinance, or other provision of law to
the contrary, a religious entity as defined under the education law or
section two of the religious corporations law, or a corporation
incorporated under the benevolent orders law or described in the
benevolent orders law but formed under any other law of this state, or a
not-for-profit corporation operated, supervised, or controlled by a
religious corporation, or any employee thereof, being managed, directed,
or supervised by or in conjunction with a religious corporation,
benevolent order, or a not-for-profit corporation as described in this
subdivision, shall not be required to provide services, accommodations,
advantages, facilities, goods, or privileges for the solemnization or
celebration of a marriage. Any such refusal to provide services,
accommodations, advantages, facilities, goods, or privileges shall not
create any civil claim or cause of action or result in any state or
local government action to penalize, withhold benefits, or discriminate
against such religious corporation, benevolent order, a not-for-profit
corporation operated, supervised, or controlled by a religious
corporation, or any employee thereof being managed, directed, or
supervised by or in conjunction with a religious corporation, benevolent
order, or a not-for-profit corporation.
2. Notwithstanding any state, local or municipal law or rule,
regulation, ordinance, or other provision of law to the contrary,
nothing in this article shall limit or diminish the right, pursuant to
subdivision eleven of section two hundred ninety-six of the executive
law, of any religious or denominational institution or organization, or
any organization operated for charitable or educational purposes, which
is operated, supervised or controlled by or in connection with a
religious organization, to limit employment or sales or rental of
housing accommodations or admission to or give preference to persons of
the same religion or denomination or from taking such action as is
calculated by such organization to promote the religious principles for
which it is established or maintained.
3. Nothing in this section shall be deemed or construed to limit the
protections and exemptions otherwise provided to religious organizations
under section three of article one of the constitution of the state of
New York.
municipal law, rule, regulation, ordinance, or other provision of law to
the contrary, a religious entity as defined under the education law or
section two of the religious corporations law, or a corporation
incorporated under the benevolent orders law or described in the
benevolent orders law but formed under any other law of this state, or a
not-for-profit corporation operated, supervised, or controlled by a
religious corporation, or any employee thereof, being managed, directed,
or supervised by or in conjunction with a religious corporation,
benevolent order, or a not-for-profit corporation as described in this
subdivision, shall not be required to provide services, accommodations,
advantages, facilities, goods, or privileges for the solemnization or
celebration of a marriage. Any such refusal to provide services,
accommodations, advantages, facilities, goods, or privileges shall not
create any civil claim or cause of action or result in any state or
local government action to penalize, withhold benefits, or discriminate
against such religious corporation, benevolent order, a not-for-profit
corporation operated, supervised, or controlled by a religious
corporation, or any employee thereof being managed, directed, or
supervised by or in conjunction with a religious corporation, benevolent
order, or a not-for-profit corporation.
2. Notwithstanding any state, local or municipal law or rule,
regulation, ordinance, or other provision of law to the contrary,
nothing in this article shall limit or diminish the right, pursuant to
subdivision eleven of section two hundred ninety-six of the executive
law, of any religious or denominational institution or organization, or
any organization operated for charitable or educational purposes, which
is operated, supervised or controlled by or in connection with a
religious organization, to limit employment or sales or rental of
housing accommodations or admission to or give preference to persons of
the same religion or denomination or from taking such action as is
calculated by such organization to promote the religious principles for
which it is established or maintained.
3. Nothing in this section shall be deemed or construed to limit the
protections and exemptions otherwise provided to religious organizations
under section three of article one of the constitution of the state of
New York.