Sponsor: DUANE

Same as: A40003

Committee: RULES

Law Section: Domestic Relations Law

S66003 Summary

Relates to individuals ability to marry.

Act: AN ACT to amend the domestic relations law, in relation to the ability to marry

S66003 Actions

S66003 - ORDERED TO THIRD READING CAL.8 - Dec 2, 2009
S66003 - REFERRED TO RULES - Dec 1, 2009

S66003 Committee Meetings

S66003 Votes

Same As: A40003 Votes

Vote: Floor - Dec 2, 2009

Ayes (24): ADAMS BRESLIN DILAN DUANE ESPADA FOLEY HASSELL-THOMPSON JOHNSON C KLEIN KRUEGER MONTGOMERY OPPENHEIMER PARKER PERKINS SAMPSON SAVINO SCHNEIDERMAN SERRANO SMITH SQUADRON STAVISKY STEWART-COUSINS THOMPSON VALESKY

Nays (38): ADDABBO ALESI AUBERTINE BONACIC DEFRANCISCO DIAZ FARLEY FLANAGAN FUSCHILLO GOLDEN GRIFFO HANNON HUNTLEY JOHNSON O KRUGER LANZA LARKIN LAVALLE LEIBELL LIBOUS LITTLE MARCELLINO MAZIARZ MCDONALD MONSERRATE MORAHAN NOZZOLIO ONORATO PADAVAN RANZENHOFER ROBACH SALAND SEWARD SKELOS STACHOWSKI VOLKER WINNER YOUNG

Abstains (0):

Excused (0):

S66003 Memo

 BILL NUMBER:  S66003

 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 specific prohibition
against, or allowance for, marriages between individuals of the same
sex, the New York Court of Appeals has held that New York statutory
law limits marriage within New York State to opposite-sex couples.
 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 .(1) 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 regardless of how long the individuals have lived together, or
whether they are raising children through legally recognized joint
custody arrangements. This bill removes the barriers in New York law
that deprive individuals 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
benefits and testimonial privileges, married couples receive important
safeguards 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 seeking 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.(2)  Granting legal recognition to these relationships can
only strengthen New York's families, by extending 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 baseball's color barrier, to witnessing the seminal event of
the modern gay rights movement in New York City 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
gradual extension of equal treatment to gays and lesbians in
particular. In 1983, Governor Mario Cuomo first banned discrimination
in state employment by Executive Order. In 2002, Governor Pataki
extended the same principle to the private sector by signing into law
the Sexual Orientation 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' compensation benefits to all those who lost a
partner on 9/11. Yet the institution 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, and who are married under this
legislation. At the same time, however, allowing same-sex marriage
would have numerous positive fiscal impacts. A 2007 report by the New
York City Comptroller detailed numerous sources of added revenue that
would result from enacting marriage equality in New York State,
including tax revenue from additional weddings, higher intake of
marital licensing fees and reduction of means-tested benefit payments
as a result of aggregated marital income. Moreover, any negative
budgetary impact from added benefit payments will be limited, as many
same-sex couples already enjoy such benefits through a variety of
administrative schemes, or as a result of out-of-state marriages.

 EFFECTIVE DATE :
This bill takes effect immediately.
 FOOTNOTES :
(1) Loving v. Virginia, 388 U.S. 1 (1967).
(2) Hernandez v. Robles, 7 N.Y.3d 338 (2005) (Kaye, C.J., dissenting).

S66003 Text

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

           S. 3                                                        A. 3

                            Twentieth Extraordinary Session

                             S E N A T E - A S S E M B L Y

                                   December 1, 2009
                                      ___________

       IN SENATE -- Introduced by Sen. DUANE -- (at request of the Governor) --
         read  twice  and  ordered printed, and when printed to be committed to
         the Committee on Rules

       IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
         A.  O'Donnell, Gottfried, Glick, Titone, Kellner, Silver, Bing, Rosen-
         thal, Jeffries, Dinowitz, John, Kavanagh, DenDekker, Schimel,  Hevesi,
         Hoyt,  Sayward, Benedetto, Eddington, Alessi, Aubry, Boyland, Bradley,
         Brennan, Brodsky, Cahill, Cook, Duprey, Englebright, Farrell,  Fields,
         Gianaris,  Jaffee, Lancman, Latimer, Lavine, Lentol, Lifton, V. Lopez,
         Lupardo, McEneny, Millman, Nolan,  Ortiz,  Paulin,  Peralta,  Pretlow,
         J. Rivera,  N. Rivera,  Sweeney,  Thiele,  Towns,  Weisenberg, Weprin,
         Wright, Zebrowski) -- (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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12040-01-9

       S. 3                                2                               A. 3

    1  which utilize gender-specific terms in reference to  the  parties  to  a
    2  marriage,  or  which in any other way may be inconsistent with this act,
    3  be construed in a gender-neutral manner  or  in  any  way  necessary  to
    4  effectuate the intent of this act.
    5    S  2.  The  domestic  relations law is amended by adding a new section
    6  10-a to read as follows:
    7    S 10-A. SEX OF PARTIES. 1. A MARRIAGE THAT IS OTHERWISE VALID SHALL BE
    8  VALID REGARDLESS OF WHETHER THE PARTIES TO THE MARRIAGE ARE OF THE  SAME
    9  OR DIFFERENT SEX.
   10    2.  NO  GOVERNMENT  TREATMENT OR LEGAL STATUS, EFFECT, RIGHT, BENEFIT,
   11  PRIVILEGE, PROTECTION OR RESPONSIBILITY RELATING  TO  MARRIAGE,  WHETHER
   12  DERIVING  FROM  STATUTE,  ADMINISTRATIVE  OR  COURT RULE, PUBLIC POLICY,
   13  COMMON LAW OR ANY OTHER SOURCE OF LAW, SHALL DIFFER BASED ON THE PARTIES
   14  TO THE MARRIAGE BEING OR HAVING BEEN OF  THE  SAME  SEX  RATHER  THAN  A
   15  DIFFERENT  SEX.  WHEN NECESSARY TO IMPLEMENT THE RIGHTS AND RESPONSIBIL-
   16  ITIES OF SPOUSES UNDER THE LAW, ALL GENDER-SPECIFIC  LANGUAGE  OR  TERMS
   17  SHALL  BE  CONSTRUED  IN  A GENDER-NEUTRAL MANNER IN ALL SUCH SOURCES OF
   18  LAW.
   19    S 3. Section 13 of the domestic relations law, as amended  by  chapter
   20  720 of the laws of 1957, is amended to read as follows:
   21    S  13.    Marriage  licenses.    It shall be necessary for all persons
   22  intended to be married in New York state to obtain  a  marriage  license
   23  from a town or city clerk in New York state and to deliver said license,
   24  within  sixty  days,  to the clergyman or magistrate who is to officiate
   25  before the marriage ceremony may be performed.   In case of  a  marriage
   26  contracted  pursuant to subdivision four of section eleven of this chap-
   27  ter, such license shall be delivered to the judge of the court of record
   28  before whom the acknowledgment is to be taken.  If either party  to  the
   29  marriage  resides upon an island located not less than twenty-five miles
   30  from the office or residence of the town clerk of the town of which such
   31  island is a part, and if such office or residence is not on such  island
   32  such  license  may be obtained from any justice of the peace residing on
   33  such island, and such justice, in respect to powers and duties  relating
   34  to marriage licenses, shall be subject to the provisions of this article
   35  governing  town  clerks  and  shall  file  all  statements or affidavits
   36  received by him while acting under the provisions of this  section  with
   37  the town clerk of such town. NO APPLICATION FOR A MARRIAGE LICENSE SHALL
   38  BE  DENIED  ON THE GROUND THAT THE PARTIES ARE OF THE SAME, OR A DIFFER-
   39  ENT, SEX.
   40    S 4. Subdivision 1 of section 11 of the  domestic  relations  law,  as
   41  amended  by  chapter  319  of  the  laws  of 1959, is amended to read as
   42  follows:
   43    1. A clergyman or minister of any religion, or by the  senior  leader,
   44  or  any  of the other leaders, of The Society for Ethical Culture in the
   45  city of New York, having its principal office in the borough of  Manhat-
   46  tan,  or  by  the  leader  of  The Brooklyn Society for Ethical Culture,
   47  having its principal office in the borough of Brooklyn of  the  city  of
   48  New  York,  or  of the Westchester Ethical Society, having its principal
   49  office in Westchester county, or of the Ethical Culture Society of  Long
   50  Island,  having  its principal office in Nassau county, or of the River-
   51  dale-Yonkers Ethical Society having its principal office in Bronx  coun-
   52  ty,  or  by  the  leader of any other Ethical Culture Society affiliated
   53  with the American Ethical Union; PROVIDED THAT NO CLERGYMAN, MINISTER OR
   54  SOCIETY FOR ETHICAL CULTURE LEADER SHALL BE REQUIRED  TO  SOLEMNIZE  ANY
   55  MARRIAGE WHEN ACTING IN HIS OR HER CAPACITY UNDER THIS SUBDIVISION.
   56    S 5. This act shall take effect immediately.