NY State Senate PASSED SameSex Marriage Rights

[LadyTevar]

At 10:30 this evening, NY Senate passed the bill 33/29

There is an amendment to the bill that allows Churches to refuse to marry Same Sex couples, upholding Separation of Church and State.
(And translating to you can't sue the Catholic Church for refusing to wed you)

[The Minx]

Yay! Way to go New York!

BTW, I don't mind the amendment. As long as same sex couples are permitted to marry, it shouldn't be an issue.

[Batman]

Other than the potential financial benefit of trying to sue them over their refusal to do so, why would anyone care whether or not they think you are legally wedded?

[Hotfoot]

Because people who are gay and members of a faith might feel discriminated against if the church they've been going to their entire lives refuses to marry them?

[General Havoc]

You can't force a church to perform a ritual that contravenes their doctrine, any more than the church can force you to participate in one.

Good on New York for passing this. One more state down.

[Hotfoot]

You can't force a church to perform a ritual that contravenes their doctrine, any more than the church can force you to participate in one.

I agree, I'm just pointing out why the law is necessary.

Good on New York for passing this. One more state down.

Indeed.

[Batman]

Because people who are gay and members of a faith might feel discriminated against if the church they've been going to their entire lives refuses to marry them?

Point taken.

[Soontir948]

Posting the bill itself for posterity.

A8354-2011: Enacts the Marriage Equality Act relating to ability of individuals to marry


Sponsor: O'Donnell (MS)
Co-sponsor(s): Gottfried, Glick, Titone, Kellner, Bronson, Rivera J, Silver, Farrell, Sayward, Lentol, Nolan, Weisenberg, Arroyo, Brennan, Dinowitz, Hoyt, Lifton, Millman, Cahill, Paulin, Reilly, Bing, Jeffries, Jaffee, Rosenthal, Kavanagh, DenDekker, Schimel, Hevesi, Benedetto, Schroeder, Miller J, Lavine, Lancman, Linares, Moya, Roberts, Simotas, Abinanti, Braunstein
Law Section: Domestic Relations Law
A8354-2011 Summary
Enacts the Marriage Equality Act relating to ability of individuals to marry.
A8354-2011 Actions

referred to judiciary
reported referred to rules
reported
rules report cal.320
ordered to third reading rules cal.320
message of necessity - 3 day message
passed assembly
delivered to senate
ORDERED TO THIRD READING CAL.1545
MESSAGE OF NECESSITY
PASSED SENATE
RETURNED TO ASSEMBLY
delivered to governor
signed chap.95

A8354-2011 Votes
Ayes (33): Adams, Addabbo, Alesi, Avella, Breslin, Carlucci, Dilan, Duane, Espaillat, Gianaris, Grisanti, Hassell-Thompson, Huntley, Kennedy, Klein, Krueger, Kruger, McDonald, Montgomery, Oppenheimer, Parker, Peralta, Perkins, Rivera, Saland, Sampson, Savino, Serrano, Smith, Squadron, Stavisky, Stewart-Cousins, Valesky

Nays (29): Ball, Bonacic, DeFrancisco, Diaz, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Hannon, Johnson, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Ritchie, Robach, Seward, Skelos, Young, Zeldin

A8354-2011 Text
S T A T E O F N E W Y O R K
8354
2011-2012 Regular Sessions I N ASSEMBLY June 14, 2011
Introduced by M. of A. O'DONNELL, GOTTFRIED, GLICK, TITONE, KELLNER, BRONSON, J. RIVERA, SILVER, FARRELL, SAYWARD, LENTOL, NOLAN, WEISEN BERG, ARROYO, BRENNAN, DINOWITZ, HOYT, LIFTON, MILLMAN, CAHILL, PAULIN, REILLY, BING, JEFFRIES, JAFFEE, ROSENTHAL, KAVANAGH, DenDEKK ER, SCHIMEL, HEVESI, BENEDETTO, SCHROEDER, J. MILLER, LAVINE, LANCMAN, LINARES, MOYA, ROBERTS, SIMOTAS, ABINANTI, BRAUNSTEIN -- Multi-Spon sored by -- M. of A. AUBRY, BOYLAND, BROOK-KRASNY, CANESTRARI, COOK, DUPREY, ENGLEBRIGHT, LATIMER, V. LOPEZ, LUPARDO, MAGNARELLI, McENENY, MORELLE, ORTIZ, PRETLOW, RAMOS, N. RIVERA, P. RIVERA, RODRIGUEZ, RUSSELL, SWEENEY, THIELE, TITUS, 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:


Section 1. This act shall be known and may be cited as the "Marriage Equality Act".

S 2. Legislative intent. Marriage is a fundamental human right. Same sex couples 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12066-04-1
A. 8354 2 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 3. The domestic relations law is amended by adding two new sections 10-a and 10-b to read as follows:


S 10-A. PARTIES TO A MARRIAGE. 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, 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 10-B. APPLICATION. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, PURSUANT TO SUBDIVISION NINE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, A CORPORATION INCORPORATED UNDER THE BENEVOLENT ORDERS LAW OR DESCRIBED IN THE BENEVOLENT ORDERS LAW BUT FORMED UNDER ANY OTHER LAW OF THIS STATE OR A RELIGIOUS CORPORATION INCORPORATED UNDER THE EDUCATION LAW OR THE RELIGIOUS CORPORATIONS LAWS SHALL BE DEEMED TO BE IN ITS NATURE DISTINCTLY PRIVATE AND THEREFORE, SHALL NOT BE REQUIRED TO PROVIDE ACCOMMODATIONS, ADVANTAGES, FACILITIES OR PRIVILEGES RELATED TO THE SOLEMNIZATION OR CELEBRATION OF A MARRIAGE. 2. A REFUSAL BY A BENEVOLENT ORGANIZATION OR A RELIGIOUS CORPORATION, INCORPORATED UNDER THE EDUCATION LAW OR THE RELIGIOUS CORPORATIONS LAW, TO PROVIDE ACCOMMODATIONS, ADVANTAGES, FACILITIES OR PRIVILEGES IN CONNECTION WITH SECTION TEN-A OF THIS ARTICLE SHALL NOT CREATE A CIVIL CLAIM OR CAUSE OF ACTION. 3. PURSUANT TO SUBDIVISION ELEVEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW, NOTHING IN THIS ARTICLE SHALL BE DEEMED OR CONSTRUED TO PROHIBIT ANY RELIGIOUS OR DENOMINATIONAL INSTITUTION OR ORGANIZATION, OR ANY ORGANIZATION OPERATED FOR CHARITABLE OR EDUCATIONAL PURPOSES, WHICH IS OPERATED, SUPERVISED OR CONTROLLED BY OR IN CONNECTION WITH A RELIGIOUS ORGANIZATION FROM LIMITING EMPLOYMENT OR SALES OR RENTAL OF HOUSING ACCOMMODATIONS OR ADMISSION TO OR GIVING PREFERENCE TO PERSONS OF THE SAME RELIGION OR DENOMINATION OR FROM TAKING SUCH ACTION AS IS CALCULATED BY SUCH ORGANIZATION TO PROMOTE THE RELIGIOUS PRINCIPLES FOR WHICH IT IS ESTABLISHED OR MAINTAINED.

S 4.

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 A. 8354 3 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 5. Subdivision 1 of section 11 of the domestic relations law, as amended by chapter 319 of the laws of 1959, is amended and a new subdi vision 1-a is added 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 OR MINISTER AS DEFINED IN SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW, OR SOCIETY FOR ETHICAL CULTURE LEADER SHALL BE REQUIRED TO SOLEMNIZE ANY MARRIAGE WHEN ACTING IN HIS OR HER CAPACITY UNDER THIS SUBDIVISION. 1-A. A REFUSAL BY A CLERGYMAN OR MINISTER AS DEFINED IN SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW, OR SOCIETY FOR ETHICAL CULTURE LEADER TO SOLEMNIZE ANY MARRIAGE UNDER THIS SUBDIVISION SHALL NOT CREATE A CIVIL CLAIM OR CAUSE OF ACTION.

S 6. This act shall take effect on the thirtieth day after it shall have become a law.

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Edit: Adding the vote the members of Assembly held; 80-63.

NY Assembly

Code: Select all

Abbate  NO Castell NO Galef   Y  Katz    NO McKevit NO Rabbitt NO Stevens NO
Abinant Y  Castro  Y  Gantt   NO Kavanag Y  McLaugh NO Raia    NO Sweeney Y
Amedore NO Ceretto NO Gibson  AB Kellner Y  Meng    Y  Ramos   Y  Tedisco NO
Arroyo  Y  Clark   NO Giglio  NO Kirwan  NO Mill D  NO Reilich NO Tenney  NO
Aubry   Y  Colton  NO Glick   Y  Kolb    NO Mill JM Y  Reilly  Y  Thiele  Y
Barclay NO Conte   NO Goodell NO Lancman Y  Mill MG NO Rive J  Y  Titone  Y
Barron  NO Cook    Y  Gottfri Y  Latimer Y  Millman Y  Rive N  Y  Titus   Y
Benedet Y  Corwin  NO Graf    NO Lavine  Y  Molinar NO Rive PM Y  Tobacco NO
Bing    Y  Crespo  NO Gunther Y  Lentol  Y  Montesa NO Roberts Y  Weinste Y
Blanken NO Crouch  NO Hanna   NO Lifton  Y  Morelle Y  Robinso NO Weisenb Y
Boyland Y  Curran  NO Hawley  NO Linares Y  Moya    Y  Rodrigu Y  Weprin  Y
Boyle   NO Cusick  Y  Hayes   NO Lope PD NO Murray  NO Rosenth Y  Wright  Y
Braunst Y  Cymbrow NO Heastie Y  Lope VJ Y  Nolan   Y  Russell Y  Zebrows Y
Brennan Y  DenDekk Y  Hevesi  Y  Losquad NO Oaks    NO Saladin NO Mr Spkr Y
Bronson Y  Dinowit Y  Hikind  NO Lupardo Y  O'Donne Y  Sayward Y
Brook-K Y  Duprey  Y  Hooper  NO Magee   NO Ortiz   Y  Scarbor AB
Burling NO Englebr Y  Hoyt    Y  Magnare Y  Palmesa NO Schimel Y
Butler  NO Farrell Y  Jacobs  Y  Maisel  Y  Paulin  Y  Schimmi NO
Cahill  Y  Finch   NO Jaffee  Y  Malliot NO Peoples Y  Schroed Y
Calhoun NO Fitzpat NO Jeffrie Y  Markey  AB Perry   Y  Simotas Y
Camara  Y  Friend  NO Johns   NO McDonou NO Pretlow Y  Smardz  NO
Canestr Y  Gabrysz NO Jordan  NO McEneny Y  Ra      NO Spano   Y