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A08590 Summary:

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A08590 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A8590
 
SPONSOR: O'Donnell (MS)

 
TITLE OF BILL:  An act to amend the domestic relations law, in
relation to the ability to marry
 
 
PURPOSE:
 
This bill provides same-sex couples the same opportunity to enter into
civil marriages as opposite-sex couples. The bill also provides that no
member of the clergy may be compelled to perform any marriage ceremony.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 of the bill sets forth legislative intent.
 
Section 2 of the bill adds a new Section 10-a to the Domestic Relations

Law (DRL) providing that: (1) a marriage that is otherwise valid shall
be valid regardless of whether the parties to the marriage are of the
same or different sex; (2) no government treatment or legal status,
effect, right, benefit, privilege, protection or responsibility relating
to marriage shall differ based on the parties to the marriage being or
having been of the same sex rather than a different sex; and (3) all
relevant gender-specific language set forth in or referenced by New York
law shall be construed in a gender-neutral manner.
 
Section 3 of the bill amends DRL § 13 to provide that no application for
a marriage license shall be denied on the ground that the parties are of
the same, or a different, sex.
 
Section 4 of the bill amends DRL § 11(1) to make clear that no member of
the clergy acting in such capacity may be required to perform any
marriage.
 
Section 5 of the bill sets forth the effective date.
 
 

EXISTING LAW:  Although the Domestic Relations Law contains no specif-
ic prohibition against, or allowance for, marriages between individuals
of the same sex, the New York Court of Appeals has held that New York
law does not allow for same-sex marriages. See Hernandez v. Robles, 7
N.Y.3d 338 (2005).
 
 
STATEMENT IN SUPPORT:
 
The "freedom to marry" is, in the words of the United States Supreme
Court, "one of the vital personal rights essential to the orderly
pursuit of happiness by free  
people. In New York, however, certain
couples who seek to exercise this freedom, and partake of its rights and
responsibilities by mutual consent, may not do so solely because they
are of the same sex. The bar against same-sex marriages exists regard-
less of how long the individuals have lived together, or whether they
are raising children through legally-recognized joint custody arrange-

ments. This bill removes the barriers in New York law that deprive indi-
viduals of the equal right to marry the person of their choice, by
granting the same legal recognition to all civil marriages regardless of
whether those who enter into them are of the same, or of a different,
sex.
 
 
Partners unable to enter into a civil marriage - and their children --
lack basic legal protections taken for granted by married couples. In
such areas as property ownership, inheritance, health care, hospital
visitation, taxation, insurance coverage, child custody, pension bene-
fits and testimonial privileges, married couples receive important safe-
guards against the loss or injury of a spouse, and crucial assurances
against legal intrusion into their marital privacy. As important, unions
lacking the state's recognition are denoted, by force of law, as somehow
not equal to other comparable relationships. Civil marriage is the means

by which the state defines a couple's place in society. Those who are
excluded from its rubric are told by the institutions of the State, in
essence, that their solemn commitment to one another has no legal
weight.
 
Just as the right to marry confers important benefits on individuals,
the institution of marriage produces incalculable benefits for society,
by fostering stable familial relationships. Same-sex couples who wish to
marry are not simply looking to obtain additional rights, they are seek-
ing out substantial responsibilities as well: to undertake significant
and binding obligations to one another, and to lives of "shared intimacy
and mutual financial and emotional support Granting legal recognition to
these relationships can only strengthen New York's families, by extend-
ing the ability to participate in this crucial social institution to all
New Yorkers.
 
The history of this country for more than two centuries has been the

story of once excluded individuals and groups gaining gradual access to
equal rights under law. New York State, in particular, has played a
proud and honorable part in that history, from hosting the foundational
women's rights convention at Seneca Falls in 1848, to breaking base-
ball's color barrier, to witnessing the seminal event of the modem gay
rights movement in New York City almost four decades ago. New York
legislators and other political leaders, of both parties and of all
viewpoints, have had an important role in this process, and in the grad-
ual extension of equal treatment to gays and lesbians in particular. In
1983, Governor Mario Cuomo first banned discrimination in state employ-
ment by Executive Order. In 2002, Governor Pataki extended the same
principle to the private sector by signing into law the Sexual Orien-
tation Non-Discrimination Act. That year, the State gave its first legal
recognition to same-sex relationships when the Legislature unanimously

passed - and the Governor signed - a bill extending workers' compen-
sation benefits to all those who lost a partner on 9/11. Yet the insti-
tution of marriage remains closed to loving same-sex couples who seek
only to be able to show their mutual commitment as other individuals do.
Passage of this bill would remedy that flaw, and represent yet another
important and historic step in the process by which all citizens of New
York State are granted full and equal rights.
 
Individuals on both sides of the questions raised by this bill hold
deep-seated views that arise from a host of ethical and religious
considerations. To ensure that the bill does not improperly intrude into
matters of conscience or religious belief, the bill affirms that no
member of the clergy can be compelled to solemnize any marriage.  In
short, this bill grants equal access to the government-created legal
institution of civil marriage, while leaving the religious institution

of marriage to its own separate, and fully autonomous, sphere.
 
 
BUDGET IMPLICATIONS:
The bill will require additional state expenditures for spousal benefits
for those partners of state employees who are not eligible for such
benefits under current law The budgetary impact, however, will be offset
to the extent same-sex couples enjoy such benefits through a variety of
administrative schemes. In particular, the Department of Civil Service
already offers most state employees health and other insurance benefits
for their domestic partners.  Certain municipalities, including New York
City, offer similar access to benefits.
 
 
EFFECTIVE DATE:
This bill takes effect immediately.

A08590 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8590
 
                               2007-2008 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 21, 2007
                                       ___________
 
        Introduced  by M. of A. O'DONNELL, GOTTFRIED, GLICK, HOYT, WRIGHT, HEVE-
          SI, KAVANAGH, V. LOPEZ,  LIFTON,  BING,  PAULIN,  MILLMAN,  N. RIVERA,
          ROSENTHAL, ALESSI, J. RIVERA, BENEDETTO, BRODSKY, ORTIZ, CAHILL, COOK,
          DINOWITZ,   L. DIAZ,  EDDINGTON,  JEFFRIES,  SAYWARD,  JOHN,  BRENNAN,
          FIELDS, JAFFEE, LAFAYETTE, PERALTA, LANCMAN, LAVINE, WEPRIN, ZEBROWSKI

          K, TITONE -- Multi-Sponsored by -- M. of A. AUBRY,  BOYLAND,  BRADLEY,
          ENGLEBRIGHT,  FARRELL,  LATIMER,  LUPARDO,  McENENY,  NOLAN,  PRETLOW,
          RAMOS, SCHIMEL, SWEENEY, TOWNS, WEISENBERG, YOUNG --  (at  request  of
          the Governor) -- read once and referred to the Committee on Judiciary
 
        AN  ACT  to amend the domestic relations law, in relation to the ability
          to marry
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Legislative intent. Marriage is a fundamental human right.
     2  Same-sex couples and their children  should  have  the  same  access  as
     3  others  to  the  protections, responsibilities, rights, obligations, and
     4  benefits of civil marriage. Stable family  relationships  help  build  a
     5  stronger  society.  For  the welfare of the community and in fairness to

     6  all New Yorkers, this act formally recognizes otherwise-valid  marriages
     7  without regard to whether the parties are of the same or different sex.
     8    It is the intent of the legislature that the marriages of same-sex and
     9  different-sex  couples be treated equally in all respects under the law.
    10  The omission from this act of changes to other provisions of  law  shall
    11  not  be  construed  as  a  legislative  intent  to  preserve  any  legal
    12  distinction between same-sex  couples  and  different-sex  couples  with
    13  respect  to marriage. The legislature intends that all provisions of law
    14  which utilize gender-specific terms in reference to  the  parties  to  a
    15  marriage,  or  which in any other way may be inconsistent with this act,
    16  be construed in a gender-neutral manner  or  in  any  way  necessary  to
    17  effectuate the intent of this act.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12030-02-7
        A. 8590                             2
 
     1    §  2.  The  domestic  relations law is amended by adding a new section
     2  10-a to read as follows:
     3    § 10-a. Sex of parties. 1. A marriage that is otherwise valid shall be
     4  valid  regardless of whether the parties to the marriage are of the same
     5  or different sex.
     6    2. No government treatment or legal status,  effect,  right,  benefit,
     7  privilege,  protection  or  responsibility relating to marriage, whether
     8  deriving from statute, administrative  or  court  rule,  public  policy,

     9  common law or any other source of law, shall differ based on the parties
    10  to  the  marriage  being  or  having  been of the same sex rather than a
    11  different sex. When necessary to implement the rights  and  responsibil-
    12  ities  of  spouses  under the law, all gender-specific language or terms
    13  shall be construed in a gender-neutral manner in  all  such  sources  of
    14  law.
    15    §  3.  Section 13 of the domestic relations law, as amended by chapter
    16  720 of the laws of 1957, is amended to read as follows:
    17    § 13.   Marriage licenses.   It shall be  necessary  for  all  persons
    18  intended  to  be  married in New York state to obtain a marriage license
    19  from a town or city clerk in New York state and to deliver said license,
    20  within sixty days, to the clergyman or magistrate who  is  to  officiate

    21  before  the  marriage  ceremony may be performed.  In case of a marriage
    22  contracted pursuant to subdivision four of section eleven of this  chap-
    23  ter, such license shall be delivered to the judge of the court of record
    24  before  whom  the acknowledgment is to be taken.  If either party to the
    25  marriage resides upon an island located not less than twenty-five  miles
    26  from the office or residence of the town clerk of the town of which such
    27  island  is a part, and if such office or residence is not on such island
    28  such license may be obtained from any justice of the peace  residing  on
    29  such  island, and such justice, in respect to powers and duties relating
    30  to marriage licenses, shall be subject to the provisions of this article
    31  governing town clerks  and  shall  file  all  statements  or  affidavits
    32  received  by  him while acting under the provisions of this section with

    33  the town clerk of such town. No application for a marriage license shall
    34  be denied on the ground that the parties are of the same, or  a  differ-
    35  ent, sex.
    36    §  4.  Subdivision  1  of section 11 of the domestic relations law, as
    37  amended by chapter 319 of the laws  of  1959,  is  amended  to  read  as
    38  follows:
    39    1.  A  clergyman or minister of any religion, or by the senior leader,
    40  or any of the other leaders, of The Society for Ethical Culture  in  the
    41  city  of New York, having its principal office in the borough of Manhat-
    42  tan, or by the leader of  The  Brooklyn  Society  for  Ethical  Culture,
    43  having  its  principal  office in the borough of Brooklyn of the city of
    44  New York, or of the Westchester Ethical Society,  having  its  principal
    45  office  in Westchester county, or of the Ethical Culture Society of Long

    46  Island, having its principal office in Nassau county, or of  the  River-
    47  dale-Yonkers  Ethical Society having its principal office in Bronx coun-
    48  ty, or by the leader of any other  Ethical  Culture  Society  affiliated
    49  with the American Ethical Union; provided that no clergyman, minister or
    50  Society  for  Ethical  Culture leader shall be required to solemnize any
    51  marriage when acting in his or her capacity under this subdivision.
    52    § 5. This act shall take effect immediately.