Before midnight on June 24, 2011 Governor Andrew Cuomo signed into law the Marriage Equality Act to legalize the marriage of same sex couples. The Act amends prior NY law to state that no application for a marriage license shall be denied on the ground that the parties are of the same sex. That a marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same sex. Additionally, mo 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 the same sex.
The "otherwise valid" provision recognizes licenses from states that allow same sex marriage licenses. These states are currently Iowa, New Hampshire, Vermont, Massachusetts, Connecticut, and the District of Columbia. New York had recognized valid licenses from other states along with Rhode Island and Maryland.
With nearly 20 million people New York's new law greatly increase the number of same sex couples that will be allowed to marry. The law is slated to take effect July 24, 2011.
The law specifically mentions that religious organizations will not be subject to any legal action for refusing to perform same sex marriage ceremonies. Governor Cuomo's statement goes further to state "The Act will grant 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"
On June 1, 2011 Illinois began issuing civil union licenses to same sex couples joining Delaware, Hawaii, and New Jersey. The Illinois law amended the Illinois Marriage and Dissolution of Marriage Act to permit civil unions and to recognize a marriage between persons of the same sex, a civil union, or a substantially similar legal relationship (other than common law marriage) legally entered into in another jurisdiction as a civil union in Illinois.
Lastly, the Act does not include a severability clause and the whole Act will fall if struck down by the Court of Appeals. This of course, will likely depend on the outcome of the Proposition 8 case (Perry v. Schwarzenegger) working its way through the Ninth Circuit and likely to the United States Supreme Court.
In summary, New York joins Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, and the District of Columbia in issuing marriage licenses to same sex couples. Rhode Island and Maryland recognize valid same sex marriages from other states. Delaware, Hawaii, New Jersey, and Illinois recognize civil unions between same sex persons. States that provide similar spousal rights to same sex couples are: California, Nevada, Oregon, Washington, Colorado, Wisconsin, and Maine. See the National Conference of State Legislature's summary and statute guide.
The "otherwise valid" provision recognizes licenses from states that allow same sex marriage licenses. These states are currently Iowa, New Hampshire, Vermont, Massachusetts, Connecticut, and the District of Columbia. New York had recognized valid licenses from other states along with Rhode Island and Maryland.
With nearly 20 million people New York's new law greatly increase the number of same sex couples that will be allowed to marry. The law is slated to take effect July 24, 2011.
The law specifically mentions that religious organizations will not be subject to any legal action for refusing to perform same sex marriage ceremonies. Governor Cuomo's statement goes further to state "The Act will grant 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"
On June 1, 2011 Illinois began issuing civil union licenses to same sex couples joining Delaware, Hawaii, and New Jersey. The Illinois law amended the Illinois Marriage and Dissolution of Marriage Act to permit civil unions and to recognize a marriage between persons of the same sex, a civil union, or a substantially similar legal relationship (other than common law marriage) legally entered into in another jurisdiction as a civil union in Illinois.
Lastly, the Act does not include a severability clause and the whole Act will fall if struck down by the Court of Appeals. This of course, will likely depend on the outcome of the Proposition 8 case (Perry v. Schwarzenegger) working its way through the Ninth Circuit and likely to the United States Supreme Court.
In summary, New York joins Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, and the District of Columbia in issuing marriage licenses to same sex couples. Rhode Island and Maryland recognize valid same sex marriages from other states. Delaware, Hawaii, New Jersey, and Illinois recognize civil unions between same sex persons. States that provide similar spousal rights to same sex couples are: California, Nevada, Oregon, Washington, Colorado, Wisconsin, and Maine. See the National Conference of State Legislature's summary and statute guide.
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