Marriage Equality Act (New York)
The Marriage Equality Act is a 2011 New York legislative bill which will allow for gender-neutral marriages for both same- and opposite-sex couples in the state of New York, while exempting religious institutions and charitable welfare providers from being forced to service or admit married same-sex couples. It was introduced to the New York State Assembly by Assemblyman Daniel O'Donnell, and passed by the Assembly on June 15, 2011 by a majority of 80-63.[1]
The bill was passed by the Senate on June 24, 2011.
Background
New York currently allows for recognition of legal same-sex marriages performed in other states of the union[2][3] and countries where same-sex marriage is legal, such as Canada and Spain, while also limiting legal recognition of in-state same-sex relationships to the rights of unregistered cohabitation; numerous municipalities afford civil union registries to residents engaged in same-sex relationships.
The promulgation of the bill into law would make New York the sixth state in the United States to legalize and retain the in-state certification and legalization of same-sex marriage (excluding California, which legalized and performed some 18,000 same-sex marriages before a ban on further marriages was promulgated through referendum), and would also make the state the most populous in the union to do so.[4]
Prior legislative history
A similar bill which would legalize same-sex marriage performances in New York was passed by the State Assembly in 2007 by a majority of 85-61,[5] but languished in the Republican-controlled Senate before dying and being returned to the Assembly.[5] Then-governor Eliot Spitzer promoted the bill among lawmakers in Albany.
Another bill, A40003, was passed in the Assembly on May 12 with a majority of 89-52,[6][7] but languished in the Senate during the November 10 special session.[8] It was re-passed by the Assembly on December 2[9] but the Senate equivalent, S4401-2009, was defeated on the same day in the Senate by a majority of 38-24, with 8 Democratic senators voting against the Democratic caucus.[10] David Paterson, who also promoted the bill, introduced the bill on April 16.[11]
Pre-emptive opinion by incumbents
Backing
Incumbent governor Andrew Cuomo, like his predecessor Paterson, has promoted the bill and the general movement for legalization of same-sex marriage in the state. The majority of the Democratic senatorial caucus, which constitutes the minority in the Senate, also supports legalization of same-sex marriage.
Three Democratic senators who voted against the December 2009 bill - Shirley Huntley, Carl Kruger and Joseph Addabbo Jr. - announced their support for the 2011 bill on June 13.[12] James Alesi[12] became the first Republican senator to vocally announce his support for the bill, and Roy McDonald became the second on June 14, narrowing the requirement for passage to just one Republican senator; a majority of 32 senators is needed in order to pass. Other Republican senators who have not clarified total rejection of legislation have opined that they will not support the bill unless explicit exemptions for religious institutions are clarified in the bill.
Opposition
Democratic senator Rubén Díaz, Sr. is a vocal opponent of legalization, and resigned from the Minority Caucus[13] due to differences of opinion related to the legislation. The majority of the Republican caucus in the Senate has voiced opposition to any attempt and the Conservative Party of New York having stated that it will not sponsor any senator who votes in favor of legalization. On Friday, June 24, 2011, Republican Senator Andrew Lanza announced that he would vote against the bill. [2]
References
- ^ [1]
- ^ Peters, Jeremy W. (July 7, 2006). "New York to Back Same-Sex Unions From Elsewhere". The New York Times. Retrieved April 29, 2008.
- ^ http://www.nycourts.gov/ad4/court/Decisions/2008/02-01-08/PDF/1562.pdf
- ^ Chris Michaud (Mon Jun 20, 2011 6:27am EDT). "Same-sex marriage goes down to legislative wire in New York". Reuters.
{{cite web}}: Check date values in:|date=(help) - ^ a b "Bills". Retrieved August 14, 2008.
- ^ NY assembly passes same-sex marriage bill
- ^ N.Y. Assembly passes same-sex marriage legislation
- ^ State Senate Delays Vote on Same-Sex Marriage Bill
- ^ unknown (December 2, 2009). "State Assembly Vote Tally". Retrieved December 2, 2009.
{{cite news}}: Unknown parameter|publicher+=ignored (help) - ^ Peters, Jeremy W. (December 2, 2009). "New York State Senate Votes Down Gay Marriage Bill". The New York Times. Retrieved December 2, 2009.
- ^ Paterson Introduces a Same-Sex Marriage Bill
- ^ a b NICHOLAS CONFESSORE and MICHAEL BARBARO (June 13, 2011). "Once Against Gay Marriage, 4 Senators Say They Will Back It". New York Times.
- ^ Casey Seiler, Capitol bureau chief (June 13, 2011 at 3:55 pm). "Diaz pulling out of minority caucus". Times Union.
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