ISSUES  > Family and Marriage
 
New York  
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State Information

Government Website: http://www.assembly.state.ny.us/

Outline of State Law
Current Status of Law Concerning Marriage and Date of Passage No statute language defining marriage. 
State Law Prohibits/Voids Same Sex/Same Gender Marriage no 
State Law Defines Marriage between a Man and a Woman no 
State Law Denies Recognition of Same-Sex Marriages Solemnized in Other States no 
State Law States that Same Sex Marriage is not Aligned with State Public Policy no 
State Law Defines "Spouse" as Referring Only to a Person of the Opposite Sex Who is Married as Husband or Wife no 

Statutory Provision

none.

Current Legislative Activity

  • In 2004, legislation was proposed in both houses that would void same sex "marriage" regardless of jurisdiction where it was originally recognized (A 040907 and SB 02056). Both bills were referred to the judiciary committee in February of 2005.
  • In 2005, a DOMA (A 07723) was proposed in the Assembly that would define marriage as between a man and a woman and prohibits same-sex "marriage" from being solemnized. It was referred to the judiciary committee on April 28, 2005.

Of Note

In February 2004, the State Attorney General issued an opinion stating that same-sex marriages may not be performed in NY, but same sex marriages from other states should be recognized.

U.S. Senators
US Senators and their Comments on FMA

Hillary Clinton, Democrat
http://clinton.senate.gov/
This senator was elected in 2000, therefore not present for the federal DOMA in 1996. The senator voted against the Federal Marriage Amendment in 2004 and 2006.

Charles Schumer, Democrat
http://schumer.senate.gov/
As a member of the House, this senator voted for the federal DOMA in 1996. The senator voted against the Marriage Protection Amendment in 2004 and 2006.

State Public Policy Organizations Working on Marriage Issues

New York Family Policy Council



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