Same-sex marriage in New York: Difference between revisions

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Same-sex marriage can not be performed in New York state. Since August 2007, it is, however, recognized if the party involved got legally married in a place where same-sex couples have the right to marry.^[1]

Five separate suits were filed seeking same-sex 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 Appeals, the state's highest court, on May 31, 2006. On July 6, 2006, the court rejected the call for same-sex marriage. See the New York State Court of Appeals' decision in Hernandez v. Robles

During his campaign for Governor of New York, then Attorney General Eliot Spitzer said that he would push to legalize same-sex marriage if elected,[1] and he proposed legislation to that effect to the state legislature on April 27, 2007. This legislation passed in the State Assembly and is now awaiting the next legislative session where it will be voted upon in the Senate.[2]

New Paltz marriages

On February 27, 2004, New Paltz Mayor Jason West married 25 same-sex couples before a cheering crowd, in front of the Village Hall. Not long thereafter, an Ulster County Court judge charged West with two dozen misdemeanors 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 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 allegedly illegal marriages. The May 2005 charges against West were reinstated; these were dropped by the prosecutor on July 12.

These weddings, coming on the heels of San Francisco's mayor Gavin Newsom led other New York mayors to act. On February 27, 2004, Nyack mayor John Shields announced that he would recognize the New Paltz marriages and on March 1, 2004, Ithaca's mayor Carolyn K. Peterson declared that she would recognize same-sex marriages performed in other jurisdictions. Several months later, 25 same-sex couples sued Ithaca for having denied their requests for marriage licenses. Two days later, State Attorney General Eliot Spitzer, who supports same-sex marriage, issued an “informal opinion,” saying that municipal clerks should not issue marriage licenses to same-sex couples since the New York state legislature had not intended, according to Spitzer, that same-sex couples be covered under the Domestic Relations Law.

Civil suits for same-sex marriage

Hernandez case

March 5, 2004: Five same-sex couples, backed by Lambda Legal, 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-Cohan issues an opinion in Hernandez v. Robles ruling that the New York State Constitution guaranteed basic rights to gays and lesbians, rights 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 Hernandez v. Robles (trial)

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 Hernandez v. Robles (appellate)

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 the same-sex marriage ban and saying any changes should be handled by the legislature.

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, 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 (trial)

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 moot.

Samuels case

April 7, 2004: Thirteen same-sex couples, backed by the American Civil Liberties Union, file suit to have declared unconstitutional a state law that denies them marriage. Daniel O'Donnell, New York State Assemblyman, is one of the parties to the suit.

December 7, 2004: Albany County 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 (trial) <--- 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 (appellate)

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 the same-sex marriage ban and saying any changes should be handled by the legislature.

Seymour case

June 2, 2004: Twenty-five same-sex couples, backed by the city of Ithaca, 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 (trial)

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 (appellate)

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 the same-sex marriage ban and saying any changes should be handled by the legislature.

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 County 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 (trial) <--- 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 (appellate)

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 the same-sex marriage ban and saying any changes should be handled by the legislature.

Official Recognition of Unions performed in other states

In October, 2004, State Comptroller Alan Hevesi 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 civil unions and same-sex marriages of city employees performed in other jurisdictions (such as Massachusetts, Canada, New Jersey, Vermont, Maine and California.) These decisions are being challenged in court.

Post-2006 election

Eliot Spitzer was elected to become governor of New York on 2006-11-07; he has stated he will introduce legislation to legalise same-sex marriage,^[2] and did so on 27 April 2007.^[3]

Timeline

February 26, 2004: Jason West, mayor of the village 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. [3]

February 27, 2004: John Shields, the mayor of Nyack, New York, announces that his city would recognize same-sex marriages performed elsewhere. [4]

March 2, 2004: West is charged with 19 misdemeanor counts of "solemnizing marriages without a license" by Ulster County 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. [5]

March 3, 2004: The Office of Attorney General Eliot Spitzer 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. [6] 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 Hospital, 196 Misc. 2d 440 (N.Y. Misc., 2003).

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 Ontario 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. Peterson of Ithaca, New York, 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 comptroller, 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. [7]

February 4, 2005: State Supreme Court Justice Doris Ling-Cohan ruled 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 Division or directly to the Court of Appeals).

December 8, 2005: The Appellate Division of the New York Supreme Court overturns Ling-Cohan's decision. ^[8]

May 31, 2006: The New York Court of Appeals, the state's highest court, hears oral arguments.

July 6, 2006: The Court of Appeals rejects same-sex marriage in New York. The ruling stated that same-sex partners did not have the right to marry under the New York Constitution [9].

June 19, 2007: The New York State Assembly approves Governor Spitzer's bill to legalize equal marriage in New York for all citizens. The bill moves to the Senate, where it will be decided upon during the next legislative session

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 {{SSM}}
-'''[[Same-sex marriage]]''' is not performed in [[New York]] state. Since August 2007, it is, however, recognized if the party involved got legally married in a place where same-sex couples have the right to marry.<ref>{{cite web|url=http://www.canada.com/topics/news/politics/story.html?id=7f7342bb-18fe-4704-bf96-0e894f058a62|title=NY recognizes Canadian same-sex marriages}}</ref>
+'''[[Same-sex marriage]]''' can not be performed in [[New York]] state. Since August 2007, it is, however, recognized if the party involved got legally married in a place where same-sex couples have the right to marry.<ref>{{cite web|url=http://www.canada.com/topics/news/politics/story.html?id=7f7342bb-18fe-4704-bf96-0e894f058a62|title=NY recognizes Canadian same-sex marriages}}</ref>
 Five separate suits were filed seeking same-sex 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 [[New York Court of Appeals|Court of Appeals]], the state's highest court, on [[May 31]], [[2006]]. On [[July 6]], [[2006]], the court rejected the call for same-sex marriage. See the New York State Court of Appeals' decision in [http://www.courts.state.ny.us/reporter/3dseries/2006/2006_05239.htm ''Hernandez v. Robles'']