-  This bill is not active in this session.
 

A40003 Summary:

BILL NOA40003
 
SAME ASSAME AS S04401, SAME AS A07732, SAME AS S51101, SAME AS S66003
 
SPONSORRules (O'Donnell)
 
COSPNSRGottfried, Glick, Titone, Kellner, Silver, Bing, Rosenthal, 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, Lopez V, Lupardo, McEneny, Millman, Nolan, Ortiz, Paulin, Peralta, Pretlow, Rivera J, Rivera N, Sweeney, Thiele, Towns, Weisenberg, Weprin, Wright, Zebrowski
 
MLTSPNSR
 
Add S10-a, amd SS13 & 11, Dom Rel L
 
Relates to individuals ability to marry.
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A40003 Actions:

BILL NOA40003
 
12/01/2009referred to judiciary
12/02/2009reported referred to rules
12/02/2009reported
12/02/2009rules report cal.688
12/02/2009ordered to third reading rules cal.688
12/02/2009message of necessity - 3 day message
12/02/2009passed assembly
12/02/2009delivered to senate
12/02/2009REFERRED TO RULES
12/02/2009SUBSTITUTED FOR S66003
12/02/20093RD READING CAL.8
12/02/2009MESSAGE OF NECESSITY - 3 DAY MESSAGE
12/02/2009LOST
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A40003 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A40003
 
SPONSOR: Rules (O'Donnell)
  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 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.(2) Granting legal recogni- tion 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 base- ball'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-Discrimi- nation 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 numer- ous positive fiscal impacts. A 2007 report by the New York City Comp- troller 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 bene- fit 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).
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A40003 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3                                                        A. 3
 
                             Twentieth Extraordinary Session
 
                SENATE - ASSEMBLY
 
                                    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    §  2.  The  domestic  relations law is amended by adding a new section
     6  10-a to read as follows:
     7    § 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    § 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    §  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    § 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    § 5. This act shall take effect immediately.
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