New York has not adopted protection of marriage legislation.
In each of the past three legislative sessions, bills have
been introduced in the New York legislature to declare that
same-sex marriages are invalid in New York. All of the
bills have died in committee.
Same-Sex "Marriage" Legislation
Governor Eliot Spitzer introduced a same-sex "marriage" bill in April of 2007. The bill passed in the New York State Assembly on June 19, 2007, but failed in the New York State Senate and was then returned to the Assembly.
Similarly, Governor David Paterson introduced a same-sex "marriage" bill that passed the house, but failed to pass in the senate. On December 02, 2009, the senate voted down the bill by a vote of 38-24.
In May 2008, Governor David A. Paterson issued an Executive Directive ordering all state agencies to recognize same-sex “marriages” solemnized in other jurisdictions. ADF filed suit against Governor Paterson, contending that his actions violated the separation of powers doctrine (by usurping the legislature's power to define marriage in the State of New York) and violated state law by ordering the disbursement of public funds to persons (i.e., same-sex couples) who were not lawfully entitled to receive them. On September 02, 2008, the Court ruled that Governor Paterson was within his right as Governor to issue the Executive Directive. The decision was appealed, but the appeal was not pursued.
Department, who affirmed the trial court's decision. The Appellate Division's opinion has been appealed to the Court of Appeals, which is New York's highest court. The high court narrowly affirmed the Appellate Division's decision on different grounds which did not reach the issue of whether the state must recognize same-sex unions as “marriages.”
The Appellate Division affirmed the trial court's decision, and the case has been appealed to the Court of Appeals, which is New York's highest court. The high court narrowly affirmed the Appellate Division's decision on different grounds which did not reach the issue of whether the state must recognize same-sex unions as “marriages.”
Article 78 proceeding contests denial of same sex marriage
license as violating the domestic relations law of New
York and constitutional equal protection and due process
guarantees. Filed in Supreme Court for Albany County.
ACLU lawsuit demanding a right to marriage for same-sex
couples.
Shields v. State, 783 N.Y.S. 2d 270 (Oct.
18, 2004)
Recent lawsuit demanding a right to marriage for same-sex
couples.
Seymour v. Holcomb,790 N.Y.S.2d 858
The trial court ruled that state laws recognizing marriage
as a union between a man and a woman do not violate the
New York Constitution. (Feb. 23, 2005)
Hebel v. West
The mayor of New Palz decided to follow the example of
San Francisco, and began issuing marriage licenses to
same-sex couples. This lawsuit was filed seeking a permanent
injunction prohibiting the mayor from issuing marriage
licenses to same-sex couples. The trial court has issued
a preliminary injunction.
Langan v. St. Vincent's, 765 N.Y.S.2d 411 (2003)
Vermont civil union partner brought wrongful death action
against New York hospital. The trial court has ruled that
a Vermont civil union partner is a “spouse”
for purposes of New York’s wrongful death statute.
An appeal is pending.
Storrs v. Holcomb, 645 N.Y.S.2d 286 (N.Y. Sup.
Ct. 1996), aff'd on other grounds, 666 N.Y.S.2d
835 (Ct. App. 1997)
Two men filled suit seeking a marriage license. The court
ruled that they were not entitled to a license, and that
there is no fundamental right to same-sex marriage.
Anonymous v. Anonymous, 325 N.Y.S.2d 499 (N.Y.
Sup. Ct. 1971)
A man married another man, believing he was marrying
a woman. When the plaintiff discovered that his “wife”
was in fact a man, he immediately left the apartment,
and subsequently filed a lawsuit to have the marriage
invalidated. The court held that because the law does
not recognize a marriage between persons of the same-sex,
there never was a valid marriage.
