A7600-2011 Actions

• Jun 14, 2011: enacting clause stricken
• May 10, 2011: referred to judiciary

A7600-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7600
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 May 10, 2011
 
 Introduced  by  M.  of  A.  O'DONNELL  --  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:

 

Section 1. Legislative intent. Marriage is a fundamental human  right.
 Same-sex  couples  and  their  children  should  have the same access as
 others to the protections, responsibilities,  rights,  obligations,  and
 benefits  of  civil  marriage.  Stable family relationships help build a
 stronger society. For the welfare of the community and  in  fairness  to
 all  New Yorkers, this act formally recognizes otherwise-valid marriages
 without regard to whether the parties are of the same or different sex.
 It is the intent of the legislature that the marriages of same-sex and
 different-sex couples be treated equally in all respects under the  law.
 The  omission  from this act of changes to other provisions of law shall
 not  be  construed  as  a  legislative  intent  to  preserve  any  legal
 distinction  between  same-sex  couples  and  different-sex couples with
 respect to marriage. The legislature intends that all provisions of  law
 which  utilize  gender-specific  terms  in reference to the parties to a
 marriage, or which in any other way may be inconsistent with  this  act,
 be  construed  in  a  gender-neutral  manner  or in any way necessary to
 effectuate the intent of this act.
 

S 2. The domestic relations law is amended by  adding  a  new  section
 10-a to read as follows:

 

S 10-A. SEX OF PARTIES. 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, WHETHER
 DERIVING FROM STATUTE, ADMINISTRATIVE  OR  COURT  RULE,  PUBLIC  POLICY,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01178-01-1
 
       A. 7600                             2
 COMMON LAW OR ANY OTHER SOURCE OF LAW, SHALL DIFFER BASED ON THE PARTIES
 TO  THE  MARRIAGE  BEING  OR  HAVING  BEEN OF THE SAME SEX RATHER THAN A
 DIFFERENT SEX. WHEN NECESSARY TO IMPLEMENT THE RIGHTS  AND  RESPONSIBIL
 ITIES  OF  SPOUSES  UNDER THE LAW, ALL GENDER-SPECIFIC LANGUAGE OR TERMS
 SHALL BE CONSTRUED IN A GENDER-NEUTRAL MANNER IN  ALL  SUCH  SOURCES  OF
 LAW.
 

S  3. 

Section 13 of the domestic relations law, as amended by chapter
 720 of the laws of 1957, is amended to read as follows:

 

S 13.   Marriage licenses.   It shall be  necessary  for  all  persons
 intended  to  be  married in New York state to obtain a marriage license
 from a town or city clerk in New York state and to deliver said license,
 within sixty days, to the clergyman or magistrate who  is  to  officiate
 before  the  marriage  ceremony may be performed.  In case of a marriage
 contracted pursuant to subdivision four of section eleven of this  chap
 ter, such license shall be delivered to the judge of the court of record
 before  whom  the acknowledgment is to be taken.  If either party to the
 marriage resides upon an island located not less than twenty-five  miles
 from the office or residence of the town clerk of the town of which such
 island  is a part, and if such office or residence is not on such island
 such license may be obtained from any justice of the peace  residing  on
 such  island, and such justice, in respect to powers and duties relating
 to marriage licenses, shall be subject to the provisions of this article
 governing town clerks  and  shall  file  all  statements  or  affidavits
 received  by  him while acting under the provisions of this section with
 the town clerk of such town. NO APPLICATION FOR A MARRIAGE LICENSE SHALL
 BE DENIED ON THE GROUND THAT THE PARTIES ARE OF THE SAME, OR  A  DIFFER
 ENT, SEX.
 

S  4.  Subdivision  1  of section 11 of the domestic relations law, as
 amended by chapter 319 of the laws  of  1959,  is  amended  to  read  as
 follows:

 1.  A  clergyman or minister of any religion, or by the senior leader,
 or any of the other leaders, of The Society for Ethical Culture  in  the
 city  of New York, having its principal office in the borough of Manhat
 tan, or by the leader of  The  Brooklyn  Society  for  Ethical  Culture,
 having  its  principal  office in the borough of Brooklyn of the city of
 New York, or of the Westchester Ethical Society,  having  its  principal
 office  in Westchester county, or of the Ethical Culture Society of Long
 Island, having its principal office in Nassau county, or of  the  River
 dale-Yonkers  Ethical Society having its principal office in Bronx coun
 ty, or by the leader of any other  Ethical  Culture  Society  affiliated
 with the American Ethical Union; PROVIDED THAT NO CLERGYMAN, MINISTER OR
 SOCIETY  FOR  ETHICAL  CULTURE LEADER SHALL BE REQUIRED TO SOLEMNIZE ANY
 MARRIAGE WHEN ACTING IN HIS OR HER CAPACITY UNDER THIS SUBDIVISION.
 

S 5. This act shall take effect immediately.

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