Same-sex marriage in New York
Encyclopedia
Same-sex marriage in the U.S. state of New York became legal on July 24, 2011, under the Marriage Equality Act
, which was passed on June 24, 2011, by the New York State Legislature and signed by Governor Andrew Cuomo
on the same day. The Marriage Equality Act
does not have a residency restriction like some other states and allows religious organizations to decline from officiating same sex wedding ceremonies, similar to being allowed to decline to officiate inter-faith or interracial weddings.
In 2006, the New York Court of Appeals
ruled that the New York state constitution does not require same-sex marriage
rights and left the question of recognition to the legislature. Following the 2006 Court decision, the New York State Assembly
passed same-sex marriage legislation in 2007, 2009, and 2011. However, the New York Senate rejected same-sex marriage legislation in a 38–24 vote on December 2, 2009. After negotiations between Republican
members of the Senate and Governor Andrew Cuomo, regarding protections against discrimination lawsuits for religious groups and non-profit organizations, the bill passed the State Senate by a vote of 33–29. The law took effect on July 24, 2011.
Mayor Jason West
married 25 same-sex couples before a cheering crowd in front of the New Paltz Village Hall
. Not long thereafter, the Ulster County District Attorney charged West with nineteen misdemeanor
s in connection with these marriages. A court later dismissed the charges against West, a ruling which the state appealed. Ulster County Court Judge J. Michael Bruhn ruled in favor of the state, reinstating the charges against West, arguing that this criminal case did not concern whether the state constitution mandates same-sex marriage, but rather whether West violated his oath of office in performing illegal marriages. The May 2005 charges against West were reinstated; these were dropped by the prosecutor on July 12. After Liberty Counsel
filed a civil lawsuit challenging the validity of the marriages, a state court judge issued a permanent injunction barring Mr. West from solemnizing same-sex marriages.
These weddings, coming on the heels of San Francisco mayor Gavin Newsom
's decision to begin solemnizing same-sex marriage ceremonies, led other New York mayors to act. On February 27, 2004, Nyack, New York
, mayor John Shields
announced that he would recognize the New Paltz marriages and on March 1, 2004, Ithaca
mayor Carolyn K. Peterson
declared that she would recognize same-sex marriages performed in other jurisdictions.
Two days later, then-Attorney General of New York Eliot Spitzer
, a supporter of same-sex marriage, issued an "informal opinion" stating that municipal clerks should not issue marriage licenses to same-sex couples since the New York State Legislature had not intended for the Domestic Relations Law to cover same-sex couples.
, the state's highest court, on May 31, 2006. On July 6, 2006, the Court of Appeals in Hernandez v. Robles decided that New York law does not permit same-sex marriage and that there is no state constitutional right to same-sex marriage.
Following the Hernandez v Robles decision, the focus of the same-sex marriage battle shifted to the executive and legislative branches of government. During his successful campaign for Governor of New York
, then-Attorney General Spitzer said that he would push to legalize same-sex marriage if elected, and he proposed legislation to that effect to the state legislature on April 27, 2007. This legislation passed in the State Assembly
on June 19, 2007, but died in the State Senate
and was returned to the Assembly.
In February 2008, the Supreme Court, Appellate Division, Fourth Department ruled unanimously in Martinez v. County of Monroe
that because New York legally recognizes out-of-state marriages of opposite-sex couples, it must do the same for same-sex couples. On May 6, 2008, the Court of Appeals declined to hear Monroe County's appeal. In November 2008, Monroe County announced that it would not pursue any further appeals of the Appellate Division's decision.
On March 12, 2008, Eliot Spitzer
resigned his position as Governor of New York. Following Spitzer's resignation, David Alexander Paterson (then Lieutenant Governor of New York
) was sworn in as the 55th Governor of New York
on March 17, 2008 by New York Chief Judge
Judith Kaye
. On April 9, 2008, the new governor pledged that he would continue to push for same-sex marriage legislation. The new governor said he was "proud to have run on a ticket with now former Gov. Eliot Spitzer that was the first in the country to advocate for marriage equality and to win on that premise." "We will push on and bring full marriage equality in New York State", Paterson said.
On November 4, 2008, the Democratic Party gained a majority in the New York State Senate. Following the elections, three dissenting Senate Democrats declined to assure Senate Democratic leader Malcolm Smith that they would vote for him as Senate Majority Leader when the Senate convened in January 2009. In December 2008, an agreement was allegedly reached between Senator Smith and the so-called "Gang of Three"; reports indicated that as part of the deal, Senator Smith agreed not to bring same-sex marriage legislation to a floor vote in the Senate during the 2009–2010 legislative session. However, on December 10, 2008, Senator Smith announced that the alleged agreement with three Democratic dissidents had been abandoned, and confirmed that he would not pledge to hold off on a same-sex marriage bill in the upcoming session. Senator Smith's decision placed control of the Senate by the Democratic Party in doubt, thus jeopardizing the passage of same-sex marriage legislation (since the Senate Republican leadership is opposed to same-sex marriage). After reaching an agreement with three Democratic dissidents, Malcolm Smith was voted Senate Majority Leader on January 7, 2009.
A bill to legalize same-sex marriage passed the New York State Assembly a second time in 2009. Later in 2009, Sen. Thomas Duane (D-Manhattan) claimed that he had lined up support from a sufficient number of Senators to pass same-sex marriage legislation, though opponents disagreed. Senator Malcolm Smith stated he would not put the bill to a vote until he was sure it would pass.
While same-sex marriage advocates declared that same-sex marriage would pass the Senate by the end of June 2009, the bill was not debated and voted upon until December of that year. On December 2, 2009, same-sex marriage legislation was defeated on the floor of the New York State Senate by a vote of 24 to 38; no Republican voted yes, eight Democrats voted no. The Daily News described the defeat as a "major blow", while The New York Times
stated that the defeat "all but ensures that the issue is dead in New York until at least 2011, when a new Legislature will be installed." Elected officials and observers opined that the results of a 2009 special election in New York's 23rd Congressional District—in which a Republican candidate who had voted for same-sex marriage withdrew her candidacy in the face of a challenge from a Conservative Party candidate—had an impact on the marriage vote in the Senate.
In late 2010, before the January 2011 expiration of his term as governor, David Paterson
reached out to members of the New York State Senate
in an attempt to gauge support for the passage of same-sex marriage
legislation during a lame-duck session of the Legislature
; however, the governor came to the conclusion that passage of the bill during the lame-duck session was not feasible. When asked what would have to occur in order for same-sex marriage to be legalized in New York
, Governor Paterson responded, "Get rid of the lobbyists", and added that same-sex marriage advocates had forced a Senate floor vote prematurely in December 2009.
reported that the Senate rules were changed by the Democratic conference to prevent Democrat Ruben Diaz, Sr., an opponent of same-sex marriage, from motioning to lay the bill aside for debate; the rules were changed again during the vote to ensure it would conclude in time to make the 11 pm EDT newscasts.
The bill's passage was celebrated by gay rights supporters both in New York and nationwide. The New York Times responded with an editorial backing the law saying, "New York State has made a powerful and principled choice.". Gay pride parades in celebration were held across the US. Gay rights supporters expressed a belief that legalization in New York would lead to legalization elsewhere.
The National Organization for Marriage
pledged to spend $2 million in the 2012 elections to defeat the four Republicans and three Democrats who previously stated opposition to same-sex marriage but voted for the bill. The Conservative Party of New York
said it would withdraw support for any candidate who voted for the bill. In addition to action from opponents in New York, the New York Times reported that the bill's passage spurred renewed activism from opponents in various places across the country.
On July 12, 2011, the town clerk of Barker
, New York, Laura Fotusky, resigned her position because she objects to same-sex marriage and thus would not sign marriage certificates for gay couples. Her resignation came two weeks after another town clerk, from Volney
, said she also objected to signing certificates but would not leave her position, saying a deputy clerk would have to do it. The organization New Yorkers for Constitutional Freedoms
said it would match the $25,000 salary Fotusky surrendered when she resigned. Granby
town clerk Ruth Sheldon did the same a few days later.
On July 25, 2011, New Yorkers for Constitutional Freedoms, represented by Liberty Counsel
, filed a lawsuit in the New York Supreme Court
seeking an injunction against the Marriage Equality Act, alleging corruption and violations of the law in the process of passing the bill.
indicated that the state's retirement system would recognize same-sex marriages performed outside New York State for purposes of state retirement and pension benefits. Not long thereafter, mayor Michael Bloomberg
stated that he would ask that the city's five pension systems recognize domestic partnerships, civil unions, and same-sex marriages of city employees performed in other jurisdictions (such as Massachusetts
, Canada
, Iowa
, New Hampshire
, New Jersey
, Vermont
, Oregon
, Maine
, Hawaii
, Colorado
, Nevada
, Wisconsin
, Connecticut
, California
, the District of Columbia and Washington). These decisions are being challenged in court, but have been upheld so far.
In February 2008, the Appellate Division, Fourth Department ruled that a same-sex marriage consummated in Canada should be recognized in New York. In Martinez v. County of Monroe, the court reasoned that because out-of-state opposite-sex marriages that would not have been legal in New York nonetheless are recognized unless such recognition would violate the public policy of the state, out-of-state same-sex marriages must be similarly recognized. The Appellate Division reversed a trial judge's ruling in 2006 that Monroe Community College did not have to extend health benefits to an employee's same-sex spouse. Monroe County subsequently announced its intention to move for leave to appeal the decision to the Court of Appeals, New York State's highest courts. However, the Court of Appeals refused to hear the case on May 6, 2008, allowing the lower court's ruling to stand. In November 2008, Monroe County announced that it would not pursue any further appeals of the Appellate Division's decision.
On May 29, 2008, Governor David Paterson directed all New York State agencies to begin to revise their policies and regulations to recognize same-sex marriages performed in other jurisdictions. Governor Paterson's directive cited the Appellate Division decision in the Martinez case, as well as several lower court rulings. As a result of the governor's directive, New York became the first state that did not allow same-sex marriages, but whose state agencies recognized same-sex marriages performed elsewhere. In addition, same-sex couples in New York had the option to travel to states where same-sex marriage is possible to get married and have their marriages fully recognized by New York State agencies. However, one pro-same-sex marriage advocacy organization cautioned that whether non-public entities in New York were required to recognize foreign same-sex marriage licenses remained a "more open question".
Governor Paterson's directive was challenged as both premature and unconstitutional in an Article 78 proceeding filed on June 3, 2008, against Governor Paterson by the Alliance Defense Fund
on behalf of several state legislators and conservative leaders; this lawsuit failed at all levels. On September 2, 2008, Justice Lucy A. Billings, of the State Supreme Court in Bronx, New York, issued a decision that Governor Paterson acted within his powers when he required state agencies to recognize same-sex marriages from outside the state. Justice Billings found that the governor's order was consistent with state laws on the recognition of marriages from other jurisdictions. This decision was appealed. The Court of Appeals agreed to hear this and another case on same-sex marriage recognition in 2009. The Court decided these cases on narrow grounds, finding that the state acted within its authority without reaching the issue of marriage recognition; however, a three-justice minority would have ruled more broadly in support of marriage recognition.
The courts have continued to rule that out-of-state same-sex marriages are valid—in particular, authorizing same-sex divorces and conferring inheritance rights.
poll from the same time period showed 49% of New Yorkers supporting Same-Sex marriage with 44% opposed. However, a May 26 Siena poll indicated an even, 46%–46% split on the issue.http://www.siena.edu/uploadedFiles/Home/Parents_and_Community/Community_Page/SRI/SNY_Poll/SNY0509%20May%20SNY%20Poll%20Release_%20final.pdf
According to a Quinnipiac University poll released on May 14, 2009, New York voters were evenly split—46% to 46%—on same-sex marriage. The May 14 poll showed that same-sex marriage was opposed by majorities of African-Americans (57%–35%), Republicans (68%–24%), white Catholics (53%–39%), and white Protestants (55%–38%). However, a Quinnipiac poll dated June 23, 2009 showed that New York State voters support same-sex marriage 51-41 percent, with eight percent undecided. According to the June 23 poll, the proposal wins 52 – 42 percent support from white voters and 55 – 39 percent from Hispanics. African-American voters polled 43 percent in favor and 42 percent opposed.
In 2010, The New York Times
estimated support for same-sex marriage in New York at 58 percent, based on projections from 2008 and a nationwide CNN poll in August 2010.
An April 2011 Siena College
survey found that 58% of New York voters supported the legalization of same-sex marriage
, while 36% were opposed and 6% didn't know or had no opinion.
Following the passage of the Marriage Equality Act, a Marist Poll
reported that 55% of New York adults support the legalization of same-sex marriage and 63% don't want the law overturned.
Marriage Equality Act
The Marriage Equality Act is a 2011 New York State law that allows gender-neutral marriages for both same- and opposite-sex couples, while prohibiting state and local courts and governments from penalizing religious and religious-supervised institutions, their employees, or clergy for refusing to...
, which was passed on June 24, 2011, by the New York State Legislature and signed by Governor Andrew Cuomo
Andrew Cuomo
Andrew Mark Cuomo is the 56th and current Governor of New York, having assumed office on January 1, 2011. A member of the Democratic Party, he was the 64th New York State Attorney General, and was the 11th United States Secretary of Housing and Urban Development...
on the same day. The Marriage Equality Act
Marriage Equality Act
The Marriage Equality Act is a 2011 New York State law that allows gender-neutral marriages for both same- and opposite-sex couples, while prohibiting state and local courts and governments from penalizing religious and religious-supervised institutions, their employees, or clergy for refusing to...
does not have a residency restriction like some other states and allows religious organizations to decline from officiating same sex wedding ceremonies, similar to being allowed to decline to officiate inter-faith or interracial weddings.
In 2006, the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
ruled that the New York state constitution does not require same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
rights and left the question of recognition to the legislature. Following the 2006 Court decision, the New York State Assembly
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature. The Assembly is composed of 150 members representing an equal number of districts, with each district having an average population of 128,652...
passed same-sex marriage legislation in 2007, 2009, and 2011. However, the New York Senate rejected same-sex marriage legislation in a 38–24 vote on December 2, 2009. After negotiations between Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
members of the Senate and Governor Andrew Cuomo, regarding protections against discrimination lawsuits for religious groups and non-profit organizations, the bill passed the State Senate by a vote of 33–29. The law took effect on July 24, 2011.
History
New Paltz marriages
On February 27, 2004, New PaltzNew Paltz (village), New York
New Paltz is a village in Ulster County in the U.S. state of New York. It is about north of New York City and south of Albany. The population was 6,818 at the 2010 census.The Village of New Paltz is located within the Town of New Paltz...
Mayor Jason West
Jason West
Jason West is the mayor of the village of New Paltz, New York, having resumed the duties of office on June 1, 2011. He served previously as the village's mayor from January 1, 2003 to May 31, 2007....
married 25 same-sex couples before a cheering crowd in front of the New Paltz Village Hall
Village hall
In the United States, a village hall is the seat of government for villages. It functions much as a city hall does within cities.In the United Kingdom, a village hall is usually a building within a village which contains at least one large room, usually owned by and run for the benefit of the local...
. Not long thereafter, the Ulster County District Attorney charged West with nineteen misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
s in connection with these marriages. A court later dismissed the charges against West, a ruling which the state appealed. Ulster County Court Judge J. Michael Bruhn ruled in favor of the state, reinstating the charges against West, arguing that this criminal case did not concern whether the state constitution mandates same-sex marriage, but rather whether West violated his oath of office in performing illegal marriages. The May 2005 charges against West were reinstated; these were dropped by the prosecutor on July 12. After Liberty Counsel
Liberty Counsel
Liberty Counsel is a non-profit public interest law firm and ministry that provides free legal assistance in defense of "Christian religious liberty, the sanctity of human life, and the traditional family." Liberty Counsel is headed by attorney Mathew D. Staver, who founded the legal ministry with...
filed a civil lawsuit challenging the validity of the marriages, a state court judge issued a permanent injunction barring Mr. West from solemnizing same-sex marriages.
These weddings, coming on the heels of San Francisco mayor Gavin Newsom
Gavin Newsom
Gavin Christopher Newsom is an American politician who is the 49th and current Lieutenant Governor of California. Previously, he was the 42nd Mayor of San Francisco, and was elected in 2003 to succeed Willie Brown, becoming San Francisco's youngest mayor in 100 years. Newsom was re-elected in 2007...
's decision to begin solemnizing same-sex marriage ceremonies, led other New York mayors to act. On February 27, 2004, Nyack, New York
Nyack, New York
Nyack is a village in the towns of Orangetown and Clarkstown in Rockland County, New York, United States, located north of South Nyack; east of Central Nyack; south of Upper Nyack and west of the Hudson River, approximately 19 miles north of the Manhattan boundary, it is an inner suburb of New...
, mayor John Shields
John Shields (mayor)
John Shields is the Mayor of Nyack, New York. In 2004, he was among the mayors who announced they would recognize the same-sex marriages performed in New Paltz, New York...
announced that he would recognize the New Paltz marriages and on March 1, 2004, Ithaca
Ithaca, New York
The city of Ithaca, is a city in upstate New York and the county seat of Tompkins County, as well as the largest community in the Ithaca-Tompkins County metropolitan area...
mayor Carolyn K. Peterson
Carolyn K. Peterson
Carolyn K. Peterson is Ithaca, New York's first female mayor, first elected in 2003 and reelected in 2007. She is a member of the Democratic Party, and her current term will end December 31, 2011.- History of same-sex marriage in New York State :...
declared that she would recognize same-sex marriages performed in other jurisdictions.
Two days later, then-Attorney General of New York Eliot Spitzer
Eliot Spitzer
Eliot Laurence Spitzer is an American lawyer, former Democratic Party politician, and political commentator. He was the co-host of In the Arena, a talk-show and punditry forum broadcast on CNN until CNN cancelled his show in July of 2011...
, a supporter of same-sex marriage, issued an "informal opinion" stating that municipal clerks should not issue marriage licenses to same-sex couples since the New York State Legislature had not intended for the Domestic Relations Law to cover same-sex couples.
Court cases
Shortly after Attorney General Spitzer's informal opinion was issued, five separate lawsuits were filed contesting the constitutionality of New York's opposite-sex definition of marriage. At the trial level, four failed and one succeeded (though it was stayed and later reversed). At the intermediate appellate level, four failed and one was not decided. The cases were all rolled into one and heard by the Court of AppealsNew York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
, the state's highest court, on May 31, 2006. On July 6, 2006, the Court of Appeals in Hernandez v. Robles decided that New York law does not permit same-sex marriage and that there is no state constitutional right to same-sex marriage.
Following the Hernandez v Robles decision, the focus of the same-sex marriage battle shifted to the executive and legislative branches of government. During his successful campaign for Governor of New York
Governor of New York
The Governor of the State of New York is the chief executive of the State of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military and naval forces. The officeholder is afforded the courtesy title of His/Her...
, then-Attorney General Spitzer said that he would push to legalize same-sex marriage if elected, and he proposed legislation to that effect to the state legislature on April 27, 2007. This legislation passed in the State Assembly
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature. The Assembly is composed of 150 members representing an equal number of districts, with each district having an average population of 128,652...
on June 19, 2007, but died in the State Senate
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
and was returned to the Assembly.
In February 2008, the Supreme Court, Appellate Division, Fourth Department ruled unanimously in Martinez v. County of Monroe
Martinez v. County of Monroe
Martinez v. County of Monroe is a judgment of the Supreme Court of the State of New York which established that a same-sex marriage performed in another state must be recognized by the state of New York. It was decided on February 1, 2008...
that because New York legally recognizes out-of-state marriages of opposite-sex couples, it must do the same for same-sex couples. On May 6, 2008, the Court of Appeals declined to hear Monroe County's appeal. In November 2008, Monroe County announced that it would not pursue any further appeals of the Appellate Division's decision.
Legislative movement
Same-sex marriage legislation passed the New York State Assembly for the first time on June 19, 2007.On March 12, 2008, Eliot Spitzer
Eliot Spitzer
Eliot Laurence Spitzer is an American lawyer, former Democratic Party politician, and political commentator. He was the co-host of In the Arena, a talk-show and punditry forum broadcast on CNN until CNN cancelled his show in July of 2011...
resigned his position as Governor of New York. Following Spitzer's resignation, David Alexander Paterson (then Lieutenant Governor of New York
Lieutenant Governor of New York
The Lieutenant Governor of New York is a constitutional office in the executive branch of the government of New York State. It is the second highest ranking official in state government. The lieutenant governor is elected on a ticket with the governor for a four year term...
) was sworn in as the 55th Governor of New York
Governor of New York
The Governor of the State of New York is the chief executive of the State of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military and naval forces. The officeholder is afforded the courtesy title of His/Her...
on March 17, 2008 by New York Chief Judge
Chief judge
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...
Judith Kaye
Judith Kaye
Judith S. Kaye is a retired New York judge who served as Chief Judge of New York from March 23, 1993 until December 31, 2008. She was the first woman to occupy the State Judiciary's highest office.-Early life and education:...
. On April 9, 2008, the new governor pledged that he would continue to push for same-sex marriage legislation. The new governor said he was "proud to have run on a ticket with now former Gov. Eliot Spitzer that was the first in the country to advocate for marriage equality and to win on that premise." "We will push on and bring full marriage equality in New York State", Paterson said.
On November 4, 2008, the Democratic Party gained a majority in the New York State Senate. Following the elections, three dissenting Senate Democrats declined to assure Senate Democratic leader Malcolm Smith that they would vote for him as Senate Majority Leader when the Senate convened in January 2009. In December 2008, an agreement was allegedly reached between Senator Smith and the so-called "Gang of Three"; reports indicated that as part of the deal, Senator Smith agreed not to bring same-sex marriage legislation to a floor vote in the Senate during the 2009–2010 legislative session. However, on December 10, 2008, Senator Smith announced that the alleged agreement with three Democratic dissidents had been abandoned, and confirmed that he would not pledge to hold off on a same-sex marriage bill in the upcoming session. Senator Smith's decision placed control of the Senate by the Democratic Party in doubt, thus jeopardizing the passage of same-sex marriage legislation (since the Senate Republican leadership is opposed to same-sex marriage). After reaching an agreement with three Democratic dissidents, Malcolm Smith was voted Senate Majority Leader on January 7, 2009.
A bill to legalize same-sex marriage passed the New York State Assembly a second time in 2009. Later in 2009, Sen. Thomas Duane (D-Manhattan) claimed that he had lined up support from a sufficient number of Senators to pass same-sex marriage legislation, though opponents disagreed. Senator Malcolm Smith stated he would not put the bill to a vote until he was sure it would pass.
While same-sex marriage advocates declared that same-sex marriage would pass the Senate by the end of June 2009, the bill was not debated and voted upon until December of that year. On December 2, 2009, same-sex marriage legislation was defeated on the floor of the New York State Senate by a vote of 24 to 38; no Republican voted yes, eight Democrats voted no. The Daily News described the defeat as a "major blow", while The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
stated that the defeat "all but ensures that the issue is dead in New York until at least 2011, when a new Legislature will be installed." Elected officials and observers opined that the results of a 2009 special election in New York's 23rd Congressional District—in which a Republican candidate who had voted for same-sex marriage withdrew her candidacy in the face of a challenge from a Conservative Party candidate—had an impact on the marriage vote in the Senate.
In late 2010, before the January 2011 expiration of his term as governor, David Paterson
David Paterson
David Alexander Paterson is an American politician who served as the 55th Governor of New York, from 2008 to 2010. During his tenure he was the first governor of New York of African American heritage and also the second legally blind governor of any U.S. state after Bob C. Riley, who was Acting...
reached out to members of the New York State Senate
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
in an attempt to gauge support for the passage of same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
legislation during a lame-duck session of the Legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
; however, the governor came to the conclusion that passage of the bill during the lame-duck session was not feasible. When asked what would have to occur in order for same-sex marriage to be legalized in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, Governor Paterson responded, "Get rid of the lobbyists", and added that same-sex marriage advocates had forced a Senate floor vote prematurely in December 2009.
Marriage Equality Act
In June 2011, the state Assembly passed the Marriage Equality Act, a bill to legalize same-sex marriage in New York. In the Republican-controlled Senate, three Democrats and two Republicans who had voted against the 2009 bill indicated their support for legalizing same-sex marriage. The Senate passed the bill on June 24 by a 33–29 vote with 29 Democrats and four Republicans voting in favor. The Gotham GazetteGotham Gazette
The Gotham Gazette is an online publication of the Citizens Union Foundation of the City of New York, a government watchdog group focusing on issues confronting New York City...
reported that the Senate rules were changed by the Democratic conference to prevent Democrat Ruben Diaz, Sr., an opponent of same-sex marriage, from motioning to lay the bill aside for debate; the rules were changed again during the vote to ensure it would conclude in time to make the 11 pm EDT newscasts.
Reactions
The bill's passage was celebrated by gay rights supporters both in New York and nationwide. The New York Times responded with an editorial backing the law saying, "New York State has made a powerful and principled choice.". Gay pride parades in celebration were held across the US. Gay rights supporters expressed a belief that legalization in New York would lead to legalization elsewhere.
The National Organization for Marriage
National Organization for Marriage
The National Organization for Marriage is a nonprofit political association established in 2007 to work against legalization of same-sex marriage in the United States, specifically to pass California Proposition 8 banning same-sex marriage in California...
pledged to spend $2 million in the 2012 elections to defeat the four Republicans and three Democrats who previously stated opposition to same-sex marriage but voted for the bill. The Conservative Party of New York
Conservative Party of New York
The Conservative Party of New York State is an American political party active in the state of New York. It is not part of any nationwide party, nor is it affiliated with the American Conservative Party, which it predates by over 40 years....
said it would withdraw support for any candidate who voted for the bill. In addition to action from opponents in New York, the New York Times reported that the bill's passage spurred renewed activism from opponents in various places across the country.
On July 12, 2011, the town clerk of Barker
Barker, Broome County, New York
----Barker is a town in Broome County, New York, USA. The population was 2,738 at the 2000 census. The town is named after John Barker, an early settler...
, New York, Laura Fotusky, resigned her position because she objects to same-sex marriage and thus would not sign marriage certificates for gay couples. Her resignation came two weeks after another town clerk, from Volney
Volney, New York
Volney is a town in Oswego County, New York, United States. The population was 6,094 at the 2000 census. The town was named after a French author who toured the area in 1808.The Town of Volney is centrally located in the county.- History :...
, said she also objected to signing certificates but would not leave her position, saying a deputy clerk would have to do it. The organization New Yorkers for Constitutional Freedoms
New Yorkers for Constitutional Freedoms
New Yorkers for Constitutional Freedoms is a non-profit Christian conservative political advocacy group focused on New York. NYCF "exists to influence legislation and legislators for the Lord Jesus Christ." It was founded in 1982 by "a small group of pastors were concerned about religious liberties...
said it would match the $25,000 salary Fotusky surrendered when she resigned. Granby
Granby, New York
Granby is a town in Oswego County, New York, United States. The population was 7,009 at the 2000 census.The Town of Granby is in the southwest corner of the county.- History :The town was first settled around 1792....
town clerk Ruth Sheldon did the same a few days later.
On July 25, 2011, New Yorkers for Constitutional Freedoms, represented by Liberty Counsel
Liberty Counsel
Liberty Counsel is a non-profit public interest law firm and ministry that provides free legal assistance in defense of "Christian religious liberty, the sanctity of human life, and the traditional family." Liberty Counsel is headed by attorney Mathew D. Staver, who founded the legal ministry with...
, filed a lawsuit in the New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
seeking an injunction against the Marriage Equality Act, alleging corruption and violations of the law in the process of passing the bill.
Recognition of out-of-state same-sex marriages
In October 2004, State Comptroller Alan HevesiAlan Hevesi
Alan G. Hevesi is a Democratic politician whoserved as a New York State Assemblyman from 1971 to 1993, as Comptroller of the City of New York from 1994 to 2001, and as State Comptroller for the State of New York from 2003 to 2006...
indicated that the state's retirement system would recognize same-sex marriages performed outside New York State for purposes of state retirement and pension benefits. Not long thereafter, mayor Michael Bloomberg
Michael Bloomberg
Michael Rubens Bloomberg is the current Mayor of New York City. With a net worth of $19.5 billion in 2011, he is also the 12th-richest person in the United States...
stated that he would ask that the city's five pension systems recognize domestic partnerships, civil unions, and same-sex marriages of city employees performed in other jurisdictions (such as Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
, New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
, New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
, Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
, Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
, Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
, Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, the District of Columbia and Washington). These decisions are being challenged in court, but have been upheld so far.
In February 2008, the Appellate Division, Fourth Department ruled that a same-sex marriage consummated in Canada should be recognized in New York. In Martinez v. County of Monroe, the court reasoned that because out-of-state opposite-sex marriages that would not have been legal in New York nonetheless are recognized unless such recognition would violate the public policy of the state, out-of-state same-sex marriages must be similarly recognized. The Appellate Division reversed a trial judge's ruling in 2006 that Monroe Community College did not have to extend health benefits to an employee's same-sex spouse. Monroe County subsequently announced its intention to move for leave to appeal the decision to the Court of Appeals, New York State's highest courts. However, the Court of Appeals refused to hear the case on May 6, 2008, allowing the lower court's ruling to stand. In November 2008, Monroe County announced that it would not pursue any further appeals of the Appellate Division's decision.
On May 29, 2008, Governor David Paterson directed all New York State agencies to begin to revise their policies and regulations to recognize same-sex marriages performed in other jurisdictions. Governor Paterson's directive cited the Appellate Division decision in the Martinez case, as well as several lower court rulings. As a result of the governor's directive, New York became the first state that did not allow same-sex marriages, but whose state agencies recognized same-sex marriages performed elsewhere. In addition, same-sex couples in New York had the option to travel to states where same-sex marriage is possible to get married and have their marriages fully recognized by New York State agencies. However, one pro-same-sex marriage advocacy organization cautioned that whether non-public entities in New York were required to recognize foreign same-sex marriage licenses remained a "more open question".
Governor Paterson's directive was challenged as both premature and unconstitutional in an Article 78 proceeding filed on June 3, 2008, against Governor Paterson by the Alliance Defense Fund
Alliance Defense Fund
The Alliance Defense Fund is a conservative Christian nonprofit organization with the stated goal of "defending the right to hear and speak the Truth through strategy, training, funding, and litigation." ADF was founded in 1994 by the late Bill Bright , the late Larry Burkett , James Dobson The...
on behalf of several state legislators and conservative leaders; this lawsuit failed at all levels. On September 2, 2008, Justice Lucy A. Billings, of the State Supreme Court in Bronx, New York, issued a decision that Governor Paterson acted within his powers when he required state agencies to recognize same-sex marriages from outside the state. Justice Billings found that the governor's order was consistent with state laws on the recognition of marriages from other jurisdictions. This decision was appealed. The Court of Appeals agreed to hear this and another case on same-sex marriage recognition in 2009. The Court decided these cases on narrow grounds, finding that the state acted within its authority without reaching the issue of marriage recognition; however, a three-justice minority would have ruled more broadly in support of marriage recognition.
The courts have continued to rule that out-of-state same-sex marriages are valid—in particular, authorizing same-sex divorces and conferring inheritance rights.
Economic impact of allowing same sex couples to marry
The New York City Comptroller's office issued an updated economic analysis in May 2009 finding that New York State's economy could gain $210 million in the three years immediately following the legalization of marriage for same-sex couples.Polling on same-sex marriage
An April 2009 Siena poll of likely New York voters indicated that 53% of voters supported same-sex marriage and 39% opposed it. The April poll showed that registered Democrats supported same-sex marriage by a 59% to 35% margin, while registered Republicans opposed it by virtually the same margin, 59% to 31%. A SurveyUSASurveyUSA
SurveyUSA is a polling firm in the United States. It conducts market research for corporations and interest groups, but is best known for conducting opinion polls for various political offices and questions...
poll from the same time period showed 49% of New Yorkers supporting Same-Sex marriage with 44% opposed. However, a May 26 Siena poll indicated an even, 46%–46% split on the issue.http://www.siena.edu/uploadedFiles/Home/Parents_and_Community/Community_Page/SRI/SNY_Poll/SNY0509%20May%20SNY%20Poll%20Release_%20final.pdf
According to a Quinnipiac University poll released on May 14, 2009, New York voters were evenly split—46% to 46%—on same-sex marriage. The May 14 poll showed that same-sex marriage was opposed by majorities of African-Americans (57%–35%), Republicans (68%–24%), white Catholics (53%–39%), and white Protestants (55%–38%). However, a Quinnipiac poll dated June 23, 2009 showed that New York State voters support same-sex marriage 51-41 percent, with eight percent undecided. According to the June 23 poll, the proposal wins 52 – 42 percent support from white voters and 55 – 39 percent from Hispanics. African-American voters polled 43 percent in favor and 42 percent opposed.
In 2010, The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
estimated support for same-sex marriage in New York at 58 percent, based on projections from 2008 and a nationwide CNN poll in August 2010.
An April 2011 Siena College
Siena College
Siena College is an independent Roman Catholic liberal arts college in Loudonville, in the town of Colonie, New York, United States. Siena is a four-year, coeducational, independent college in the Franciscan tradition, founded by the Franciscan Friars in 1937. It has 3,000 full-time students and...
survey found that 58% of New York voters supported the legalization of same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
, while 36% were opposed and 6% didn't know or had no opinion.
Following the passage of the Marriage Equality Act, a Marist Poll
Marist Poll
- MIPO :The "MIPO" is a national public opinion poll at Marist College in Poughkeepsie, New York. The poll is operated by the Marist Institute for Public Opinion. The poll, founded in 1978, was one of the first college-based public opinion poll in the United States....
reported that 55% of New York adults support the legalization of same-sex marriage and 63% don't want the law overturned.
Timeline
- February 26, 2004: Jason WestJason WestJason West is the mayor of the village of New Paltz, New York, having resumed the duties of office on June 1, 2011. He served previously as the village's mayor from January 1, 2003 to May 31, 2007....
, mayor of the village of New PaltzNew Paltz (village), New YorkNew Paltz is a village in Ulster County in the U.S. state of New York. It is about north of New York City and south of Albany. The population was 6,818 at the 2010 census.The Village of New Paltz is located within the Town of New Paltz...
, announces that the village would start performing same-sex civil weddings. Although the village would not attempt to issue licenses for such weddings, couples in New York State have six months from the wedding to seek such a license, and weddings are not invalid solely for not having a license.
- February 27, 2004: John ShieldsJohn Shields (mayor)John Shields is the Mayor of Nyack, New York. In 2004, he was among the mayors who announced they would recognize the same-sex marriages performed in New Paltz, New York...
, the mayor of Nyack, New YorkNyack, New YorkNyack is a village in the towns of Orangetown and Clarkstown in Rockland County, New York, United States, located north of South Nyack; east of Central Nyack; south of Upper Nyack and west of the Hudson River, approximately 19 miles north of the Manhattan boundary, it is an inner suburb of New...
, announces that his Village would recognize same-sex marriages performed elsewhere.
- March 2, 2004: West is charged with 19 misdemeanorMisdemeanorA misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
counts of "solemnizing marriages without a license" by Ulster CountyUlster County, New YorkUlster County is a county located in the state of New York, USA. It sits in the state's Mid-Hudson Region of the Hudson Valley. As of the 2010 census, the population was 182,493. Recent population estimates completed by the United States Census Bureau for the 12-month period ending July 1 are at...
District Attorney Donald Williams. West announces that he intends to continue performing same-sex ceremonies.
- March 3, 2004: Shields announces that he will begin officiating at same-sex marriages, and that he and his fiancé would join other gay and lesbian New Yorkers in seeking marriage licenses from municipal clerks' offices.
- March 3, 2004: The Office of New York Attorney General Eliot SpitzerEliot SpitzerEliot Laurence Spitzer is an American lawyer, former Democratic Party politician, and political commentator. He was the co-host of In the Arena, a talk-show and punditry forum broadcast on CNN until CNN cancelled his show in July of 2011...
issues an "informal opinion" that clerks should not issue marriage licenses to same-sex couples as the state legislature had not intended same-sex marriages to be covered by the domestic relations law. The same opinion states that same-sex marriages performed elsewhere were recognizable in New York state under a recent judicial decision recognizing the validity of a Vermont civil union as granting the benefits of marriage, Langan v. St. Vincent's HospitalLangan v. St. Vincent's HospitalIn 2000, New York residents John Langan and Neil Conrad Spicehandler traveled to Vermont where they affirmed their commitment under Vermont's Civil Union laws. They were planning to adopt a child, and had purchased a house in Massapequa. Just hours after the closing of their house, Spicehandler was...
, 196 Misc. 2d 440 (N.Y. Misc., 2003)(later overturned).
- March 5, 2004: New York state judge Vincent Bradley issues a temporary restraining order barring West from performing any such ceremonies for a month. West indicates that he will abide by the judicial order while evaluating his legal options.
- March 15, 2004: Two Unitarian Universalist ministers who had been performing same-sex weddings in Mayor West's stead are charged with 13 counts of solemnizing a marriage without a license by District Attorney Williams.
- March 20, 2004: Six Unitarian Universalist ministers — including one of the two ministers charged earlier — defy the District Attorney by performing 25 more same-sex marriage ceremonies in New Paltz.
- March 22, 2004: Following an opinion requested in January from their attorney, the Rochester city council announces that Rochester will recognize same-sex marriages performed elsewhere. Rochester is across Lake OntarioLake OntarioLake Ontario is one of the five Great Lakes of North America. It is bounded on the north and southwest by the Canadian province of Ontario, and on the south by the American state of New York. Ontario, Canada's most populous province, was named for the lake. In the Wyandot language, ontarío means...
from Toronto, where same-sex marriages have been legal since 2003.
- June 6, 2004: An Ulster County Supreme Court judge makes the temporary restraining order against Mayor West permanent.
- June 10, 2004: A New Paltz Town Court Justice dismisses the charges against Mayor West, ruling that the district attorney had failed to show that the state had a legitimate interest in preventing the marriages, or that the law under which West was charged was constitutional. The district attorney said that he would appeal the ruling, and also indicated that he intended to continue forward with charges against the Unitarian Universalist ministers.
- July 13, 2004: Another New Paltz Town Court Justice dismisses all of the charges against the Unitarian Universalist ministers, for essentially the same reasons.
- Mayor Carolyn K. PetersonCarolyn K. PetersonCarolyn K. Peterson is Ithaca, New York's first female mayor, first elected in 2003 and reelected in 2007. She is a member of the Democratic Party, and her current term will end December 31, 2011.- History of same-sex marriage in New York State :...
of Ithaca, New YorkIthaca, New YorkThe city of Ithaca, is a city in upstate New York and the county seat of Tompkins County, as well as the largest community in the Ithaca-Tompkins County metropolitan area...
, in conjunction with her city clerk, has planned to provoke a court hearing by sending marriage applications from five local gay couples to the New York State Department of Health, while offering the backing of Ithaca's legal resources if their applications are denied.
- October 8, 2004: The state comptrollerComptrollerA comptroller is a management level position responsible for supervising the quality of accounting and financial reporting of an organization.In British government, the Comptroller General or Comptroller and Auditor General is in most countries the external auditor of the budget execution of the...
, Alan G. Hevesi, indicated in a letter to a state employee that the state retirement system will recognize same-sex marriages contracted elsewhere for the purposes of retirement benefits for New York state employees.
- February 4, 2005: State Supreme CourtNew York Supreme CourtThe Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
Justice Doris Ling-Cohan rules that New York City could not deny marriage licenses to same-sex couples, based on the equal protection clause of the state's constitution. The order was stayed for 30 days, pending an appeal. (The Supreme Court is a trial-level court in New York, and the decision could be appealed either to the Appellate DivisionNew York Supreme Court, Appellate DivisionThe Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...
or directly to the Court of AppealsNew York Court of AppealsThe New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
.)
- December 8, 2005: The Appellate Division of the New York Supreme Court overturns Ling-Cohan's decision.
- May 31, 2006: The New York Court of Appeals, the state's highest court, hears oral arguments.
- July 6, 2006: The Court of Appeals in its Hernández v. Robles decision declines to judicially mandate the legalization of same-sex marriage in New York. The Court's ruling stated that same-sex partners did not have the right to marry under the New York Constitution.
- May 2007 : A Massachusetts trial court judge rules that marriage licenses obtained by New York same-sex couples prior to the Hernandez v. Robles decision are valid under Massachusetts law. As a result, these couples' marriages are also valid under New York State law.
- June 19, 2007: The Democrat-controlled New York State Assembly approves Governor Spitzer's bill to legalize same-sex marriage in New York, in an 85–61 vote. The bill moves to the Republican-controlled Senate; majority leader Joseph L. Bruno said it would not be voted upon in that chamber this year.
- December 27, 2007: In Matter of Langan v State Farm Fire & Cas., the Appellate Division, Third Department holds that parties to civil unions from other states are not entitled to make claims as surviving spouses under New York's Workers' Compensation Law; the court also holds that the relevant provisions of the Workers' Compensation Law are not unconstitutional.
- January 9, 2008: Governor Spitzer's bill to legalize same-sex marriage dies in the New York State SenateNew York State SenateThe New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
and is returned to the New York State AssemblyNew York State AssemblyThe New York State Assembly is the lower house of the New York State Legislature. The Assembly is composed of 150 members representing an equal number of districts, with each district having an average population of 128,652...
.
- February 1, 2008: In Martinez v. County of Monroe, the Appellate Division, Fourth Department rules that a same-sex marriage in Canada should be recognized in New York, because out-of-state opposite-sex marriages that would not have been legal in New York nonetheless are recognized unless such recognition would violate the public policy of the state. The Appellate Division holds that the same treatment must be applied to out-of-state same-sex marriages, but the ruling could be overturned on a finding that same-sex marriage violates New York's public policy. The decision reverses a trial judge's 2006 ruling that Monroe Community College did not have to extend health benefits to an employee's same-sex spouse.
- February 22, 2008: Monroe County announces its intention to move for leave to appeal the Martinez decision to the Court of Appeals.
- March 12, 2008: Eliot SpitzerEliot SpitzerEliot Laurence Spitzer is an American lawyer, former Democratic Party politician, and political commentator. He was the co-host of In the Arena, a talk-show and punditry forum broadcast on CNN until CNN cancelled his show in July of 2011...
resigns his position as Governor of New York.
- March 17, 2008: Following Spitzer's resignation, David Alexander Paterson (then Lieutenant Governor of New York) is sworn in as the 55th Governor of New York at the New York State Capitol by New York Chief Judge Judith KayeJudith KayeJudith S. Kaye is a retired New York judge who served as Chief Judge of New York from March 23, 1993 until December 31, 2008. She was the first woman to occupy the State Judiciary's highest office.-Early life and education:...
.
- April 2008: Governor David Alexander Paterson pledges in a speech that he will continue to push for full marriage equality for LGBTLGBTLGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
New Yorkers.
- May 29, 2008: It is widely reported on this day that Gov. David A. Paterson directed all state agencies to begin to revise their policies and regulations to recognize same-sex marriages performed in other jurisdictions. "In a directive issued on May 14, the governor's legal counsel, David Nocenti, instructed the agencies that gay couples married elsewhere 'should be afforded the same recognition as any other legally performed union.'" Opponents of same-sex marriage raise the possibility of a legal challenge.
- June 3, 2008: Governor Paterson's directive is challenged as both premature and unconstitutional in an Article 78 proceeding filed by the Alliance Defense FundAlliance Defense FundThe Alliance Defense Fund is a conservative Christian nonprofit organization with the stated goal of "defending the right to hear and speak the Truth through strategy, training, funding, and litigation." ADF was founded in 1994 by the late Bill Bright , the late Larry Burkett , James Dobson The...
on behalf of several state legislators and conservative leaders in New York.
- September 2, 2008: The Alliance Defense Fund suit is dismissed in State Supreme Court in the Bronx, with a finding that Governor Patterson acted within his powers when he required state agencies to recognize same-sex marriages from outside NY State.
- September 8, 2008: The Alliance Defense Fund appeals Judge Billings' decision.
- November 4, 2008: On Election Day, the Democratic Party gains a majority in the New York State Senate.
- November 22, 2008: Monroe County announces that it will not pursue any further appeals of the Appellate Division's decision.
- December 2008: A deal is made among certain Democratic Senators that would ensure the election of Malcolm SmithMalcolm Smith (US politician)Malcolm A. Smith is an American politician. He is a Democratic member of the New York State Senate, elected in the 14th district which is located in Southeast Queens and includes Hollis, St. Albans, Cambria Heights, Queens Village, Rosedale and the entirety of the Rockaway Peninsula...
as Senate president pro tempore, making him the chamber's leader; reports indicate that as part of the deal, Senator Smith agreed not to bring same-sex marriage legislation to a floor vote in the Senate during the 2009–2010 legislative session.
- December 10, 2008: Malcolm SmithMalcolm Smith (US politician)Malcolm A. Smith is an American politician. He is a Democratic member of the New York State Senate, elected in the 14th district which is located in Southeast Queens and includes Hollis, St. Albans, Cambria Heights, Queens Village, Rosedale and the entirety of the Rockaway Peninsula...
breaks off his alleged agreement with three Democratic dissidents and confirms that he will not pledge to hold off on a same-sex marriage bill in the upcoming session. Senator Smith states that "real reform cannot and should not ever include limiting the civil rights of any New Yorkers." This places control of the Senate by the Democratic Party in doubt, despite its slight numerical majority.
- January 7, 2009: After reaching an agreement with three Democratic dissidents, Malcolm Smith is voted Senate Majority Leader.
- April 14, 2009: The New York TimesThe New York TimesThe New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
reports that Governor Paterson will announce on April 16 that he plans to introduce legislation to legalize same-sex marriage in New York.
- April 16, 2009: Governor Paterson officially introduces such legislation and vows to push for its passage.
- May 12, 2009: NYS Assembly passes same-sex marriage legislation in a bipartisan vote of 89–52.
- June 8, 2009: Governor Paterson taps former Senate Majority Leader Joseph BrunoJoseph BrunoJoseph L. Bruno is an American businessman, and Republican politician. He was the Temporary President of the New York State Senate and its majority leader. Most recently he also served as Lieutenant Governor of New York ....
to speak up for same-sex marriage.
- November 10, 2009: The New York State Senate begins a special session regarding the economy of the state, and take a vote on same-sex marriage. Later that day, the vote was postponed until the end of the year. Thirty-two Democrats formed the majority in the Senate, but several Democrats refrained from commenting or opposed the bill, meaning several Republicans would be required for the 32-member support the bill would need if it was to pass into law.
- December 2, 2009: The New York State Assembly again passes the same-sex marriage bill by a vote of 88–51, but the state Senate votes down the same-sex marriage bill, 38-24.
- May 10, 2011: Assemblyman Daniel O'DonnellDaniel O'Donnell (politician)Daniel J. O'Donnell is a Democratic member of the New York State Assembly, representing the 69th district in Manhattan, made up of the neighborhoods of Manhattan Valley, Morningside Heights, and portions of the Upper West Side and West Harlem.In 2008 he was considered by New York Governor David...
introduces the same-sex marriage bill in the Assembly.
- June 15, 2011: The New York State Assembly passes the same-sex marriage bill for the fourth time, by a vote of 80–63.
- June 24, 2011: The New York Senate passes the same-sex marriage bill in a 33 to 29 vote. Governor Andrew Cuomo signs the bill, which will take effect in 30 days.
- July 24, 2011: The Marriage Equality ActMarriage Equality ActThe Marriage Equality Act is a 2011 New York State law that allows gender-neutral marriages for both same- and opposite-sex couples, while prohibiting state and local courts and governments from penalizing religious and religious-supervised institutions, their employees, or clergy for refusing to...
goes into effect. Kitty Lambert & Cheryle Rudd of BuffaloBuffalo, New YorkBuffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...
are wed in Niagara FallsNiagara Falls, New YorkNiagara Falls is a city in Niagara County, New York, United States. As of the 2010 census, the city had a total population of 50,193, down from the 55,593 recorded in the 2000 census. It is across the Niagara River from Niagara Falls, Ontario , both named after the famed Niagara Falls which they...
at midnight, becoming the first couple in the state to benefit from the newly-enacted law. Also, Niagara FallsNiagara FallsThe Niagara Falls, located on the Niagara River draining Lake Erie into Lake Ontario, is the collective name for the Horseshoe Falls and the adjacent American Falls along with the comparatively small Bridal Veil Falls, which combined form the highest flow rate of any waterfalls in the world and has...
is lit in rainbow for the first time for the occasion.
Hernández case
- March 5, 2004: Five same-sex couples, backed by Lambda LegalLambda LegalLambda Legal is an American civil rights organization that focuses on lesbian, gay, bisexual, transgender communities as well as people living with HIV/AIDS through impact litigation, education, and public policy work.Lambda's founder William J. Thom, Esq...
, file suit challenging the constitutionality of limiting marriage to only opposite-sex couples. The complaint relied on both equal protection and due process claims.
- February 4, 2005: New York County Supreme Court Judge Doris Ling-CohanDoris Ling-CohanDoris Ling-Cohan is a judge on the New York State Supreme Court, to which she was elected in 2002. Ling-Cohan was born in New York's Chinatown, the daughter of Chinese immigrants.-Education:...
issues an opinion in Hernández v. Robles ruling that the New York State Constitution guaranteed basic rights to gays and lesbians, which the state violates when it prevents them from marrying. Ling-Cohan stayed her ruling for a 30 day period, giving the state time to appeal. See Judge Ling-Cohan's ruling in Hernández v. Robles.
- September 13, 2005: Oral arguments are heard by the Appellate Division (First Judicial Department).
- December 8, 2005: The Appellate Division (First Judicial Department) reverses the trial court with one dissent in a 4–1 decision that said the issue should be handled by the legislature. See Appellate ruling in Hernández v. Robles.
- May 31, 2006: Oral arguments are heard by the New York State Court of Appeals (New York's highest court).
- July 6, 2006: The Court of Appeals issues a 4–2 decision upholding New York's existing marriage statutes and declining to judicially mandate the legalization of same-sex marriage in New York. The Court's ruling states that same-sex partners do not have the right to marry each other under the New York Constitution.
Shields case
- March 11, 2004: Ten same-sex couples file suit to obtain an order requiring their town clerk to issue them marriage licenses and the Department of Health to recognize them. If the statutory argument fails, the suit challenges the constitutionality of the Domestic Relations Law. John Shields, Mayor of Nyack, New YorkNyack, New YorkNyack is a village in the towns of Orangetown and Clarkstown in Rockland County, New York, United States, located north of South Nyack; east of Central Nyack; south of Upper Nyack and west of the Hudson River, approximately 19 miles north of the Manhattan boundary, it is an inner suburb of New...
, is one of the parties to the suit.
- October 18, 2004: Rockland County Supreme Court Judge Alfred J. Weiner issues an opinion in Shields v. Madigan rejecting the statutory interpretation and constitutional challenges for same-sex marriage. The Domestic Relations Law was determined to allow only opposite-sex marriages, and equal protection and due process claims were both denied. See Judge Weiner's ruling in Shields v. Madigan.
- March 28, 2006: Oral arguments are heard by the Appellate Division (Second Judicial Department).
- July 6, 2006: The Court of Appeals issues a 4–2 decision in the four other marriage cases. This case is now effectively mootMootnessIn American law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law...
.
Samuels case
- April 7, 2004: Thirteen same-sex couples, backed by the American Civil Liberties UnionAmerican Civil Liberties UnionThe American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, file suit to have declared unconstitutional a state law that denies them marriage. Daniel O'DonnellDaniel O'Donnell (politician)Daniel J. O'Donnell is a Democratic member of the New York State Assembly, representing the 69th district in Manhattan, made up of the neighborhoods of Manhattan Valley, Morningside Heights, and portions of the Upper West Side and West Harlem.In 2008 he was considered by New York Governor David...
, New York State Assemblyman (and brother of celebrity Rosie O'DonnellRosie O'DonnellRoseann "Rosie" O'Donnell is an American stand-up comedian, actress, author and television personality. She has also been a magazine editor and continues to be a celebrity blogger, LGBT rights activist, television producer and collaborative partner in the LGBT family vacation company R Family...
), is one of the parties to the suit.
- December 7, 2004: Albany CountyAlbany County, New YorkAlbany County is a county located in the U.S. state of New York, and is part of the Albany-Schenectady-Troy Metropolitan Statistical Area. The name is from the title of the Duke of York and Albany, who became James II of England . As of the 2010 census, the population was 304,204...
Supreme Court Judge Joseph C. Teresi issues an opinion in Samuels v. New York State Department of Health rejecting the four constitutional claims for same-sex marriage. Equal protection based on sexual orientation, equal protection based on gender, due process, and free speech were all argued to be violated by New York's Domestic Relations Law, but none was found to have merit. See Judge Teresi's ruling in Samuels v. New York State Dept. of Health.http://www.domawatch.org/cases/newyork/samuelsvnewyorkdepartmentofhealth/041207_SJ_Denied_Cmplnt_Granted.pdf
- October 17, 2005: Oral arguments are heard by the Appellate Division (Third Judicial Department).
- February 16, 2006: The Appellate Division (Third Judicial Department) affirms the trial court in a 5–0 decision that consolidated all three cases (Samuels, Seymour, and Kane) on appeal in its jurisdiction. See Appellate ruling in Samuels v. New York State Dept. of Health.
- May 31, 2006: Oral arguments are heard by the New York State Court of Appeals (New York's highest court).
- July 6, 2006: The Court of Appeals issues a 4–2 decision upholding New York's existing marriage statutes and declining to judicially mandate the legalization of same-sex marriage in New York. The Court's ruling states that same-sex partners do not have the right to marry each other under the New York Constitution.
Seymour case
- June 2, 2004: Twenty-five same-sex couples, backed by the city of IthacaIthaca, New YorkThe city of Ithaca, is a city in upstate New York and the county seat of Tompkins County, as well as the largest community in the Ithaca-Tompkins County metropolitan area...
, file suit to have the Domestic Relations Law include same-sex marriage. If the law is determined not to apply to same-sex couples, the suit challenges the prohibition on a constitutional basis.
- February 23, 2005]: Tompkins County Supreme Court Judge Robert C. Mulvey issues an opinion in Seymour v. Holcomb rejecting Ithaca's standing to sue, the statutory claim, and the constitutional claims based on equal protection, due process, and free expression. See Judge Mulvey's ruling in Seymour v. Holcomb.
- October 17, 2005: Oral arguments are heard by the Appellate Division (Third Judicial Department).
- February 16, 2006: The Appellate Division (Third Judicial Department) affirms the trial court in a 5–0 decision that consolidated all three cases (Samuels, Seymour, and Kane) on appeal in its jurisdiction. See Appellate ruling in Seymour v. Holcomb.
- May 31, 2006: Oral arguments are heard by the New York State Court of Appeals (New York's highest court).
- July 6, 2006: The Court of Appeals issues a 4–2 decision upholding New York's existing marriage statutes and declining to judicially mandate the legalization of same-sex marriage in New York. The Court's ruling states that same-sex partners do not have the right to marry each other under the New York Constitution.
Kane case
- June 16, 2004: Two same-sex couples file suit to obtain marriage licenses that would make official their marriage ceremonies from three months earlier. The ceremonies were held by a Unitarian Universalist Minister on March 27, 2004.
- January 31, 2005: Albany CountyAlbany County, New YorkAlbany County is a county located in the U.S. state of New York, and is part of the Albany-Schenectady-Troy Metropolitan Statistical Area. The name is from the title of the Duke of York and Albany, who became James II of England . As of the 2010 census, the population was 304,204...
Supreme Court Judge E. Michael Kavanagh issues an opinion in Kane v. Marsolais rejecting both statutory and constitutional claims. The opinion also rejected the notion that their marriages were valid because of a section of the Domestic Relations Law that recognized marriages solemnized by ceremonies even if the couple failed to obtain a license. This section of the law was held only to apply to those who were legally qualified to be married. See Judge Kavanagh's ruling in Kane v. Marsolais.http://www.domawatch.org/cases/newyork/kanevmarsolais/supreme_opinion_20050131.pdf
- October 17, 2005: Oral arguments are heard by the Appellate Division (Third Judicial Department).
- February 16, 2006: The Appellate Division (Third Judicial Department) affirms the trial court in a 5–0 decision that consolidated all three cases (Samuels, Seymour, and Kane) on appeal in its jurisdiction. See Appellate ruling in Kane v. Marsolais.
- May 31, 2006: Oral arguments are heard by the New York State Court of Appeals (New York's highest court).
- July 6, 2006: The Court of Appeals issues a 4–2 decision upholding New York's existing marriage statutes and declining to judicially mandate the legalization of same-sex marriage in New York. The Court's ruling states that same-sex partners do not have the right to marry each other under the New York Constitution.
Legislative history
| Session | Bill number(s) | Date introduced | Sponsor(s) | # of cosponsors | Latest status |
|---|---|---|---|---|---|
| 2009–2010 | S04401 | April 16, 2009 | Sen. Thomas Duane Thomas Duane Thomas K. Duane is an American politician from New York, currently serving in the New York State Senate. He was the nation's first openly HIV-positive person elected to office.... (D-New York) |
18 | Failed in the Senate (38–24) |
| A07732 | April 16, 2009 | Assemb. Daniel O'Donnell Daniel O'Donnell (politician) Daniel J. O'Donnell is a Democratic member of the New York State Assembly, representing the 69th district in Manhattan, made up of the neighborhoods of Manhattan Valley, Morningside Heights, and portions of the Upper West Side and West Harlem.In 2008 he was considered by New York Governor David... (D-New York) |
55 | Passed the Assembly (89–52) | |
| 2011–2012 | A08354 | June 14, 2011 | Assemb. Daniel O'Donnell Daniel O'Donnell (politician) Daniel J. O'Donnell is a Democratic member of the New York State Assembly, representing the 69th district in Manhattan, made up of the neighborhoods of Manhattan Valley, Morningside Heights, and portions of the Upper West Side and West Harlem.In 2008 he was considered by New York Governor David... (D-New York) |
67 | Passed the Assembly (80–63) Passed the Senate (33–29) Signed by Governor Andrew Cuomo |
See also
- LGBT rights in New YorkLGBT rights in New YorkThe expansion of LGBT rights in the U.S. state of New York is a recent phenomenon, with most advances in LGBT rights occurring in the 1990s and 2000s...
- Same-sex marriage in the United StatesSame-sex marriage in the United StatesThe federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
- Same-sex marriage legislation in the United StatesSame-sex marriage legislation in the United StatesIn response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.-Federal level:...
- Same-sex marriage law in the United States by state
- Public opinion of same-sex marriage in the United States
- Same-sex marriage status in the United States by stateSame-sex marriage status in the United States by stateSame-sex unions have been on the political radar in the United States since the Hawaii Supreme Court ruled in 1993 that denying licenses to same-sex partners violated the Hawaii constitution unless there is a "compelling state interest." Since Massachusetts became the first state to legalize...
- Rights and responsibilities of marriages in the United StatesRights and responsibilities of marriages in the United StatesAccording to the United States Government Accountability Office , there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges...
- Defense of Marriage ActDefense of Marriage ActThe Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
- Marriage Protection Act of 2007
- U.S. state constitutional amendments banning same-sex unions
- Federal Marriage AmendmentFederal Marriage AmendmentThe Federal Marriage Amendment H.J. Res. 56 was a proposed amendment to the United States Constitution which would have limited marriage in the United States to unions of one man and one woman...
- Domestic partnership in the United States
- Freedom to MarryFreedom to MarryFreedom to Marry is a non-profit organization leading the campaign for same-sex marriages to be recognized nationwide in the United States of America...
- Alliance for MarriageAlliance for MarriageThe Alliance for Marriage , founded in 1999, is a non-profit organization based in the United States. The organization describes itself as "dedicated to promoting marriage and addressing the epidemic of fatherless families in the United States." The group was founded by Matt Daniels and is...
- History of civil marriage in the United States
External links
- Hernandez v. Robles text
- "The Road to Gay Marriage After New York", JURISTJURISTJURIST is an online legal news service hosted by the University of Pittsburgh School of Law, powered by a staff of more than 40 law students working in Pittsburgh and other US locations under the direction of founding Publisher & Editor-in-Chief Professor Bernard Hibbitts, Research Director Jaclyn...