Same-sex Marriage In New York

Same-sex Marriage is not recognized in New York state. To date, Jason West of New Paltz officiated at a number of same-sex Wedding s in February 2004 whose legal status is uncertain. Five separate suits have been filed seeking same-sex marriage. At the trial level, four failed and one succeeded (though it was stayed and later reversed). These cases are currently being handled by the Appellate Divisions which have larger jurisdictions than the trial courts.

NEW PALTZ MARRIAGES

On February 27 , 2004 , New Paltz Mayor Jason West married 25 same-sex couples in front of a cheering crowd, in front of the Village Hall. Not long thereafter, an Ulster County Court judge later charged West with two dozen Misdemeanor s in connection with these marriages. A court later dismissed the charges against West, a ruling which the state appealed. Ulster County Court Judge J. Michael Bruhn ruled in favor of the state, re-instating the charges against West, arguing that that this criminal case did not concern whether the state constitution mandates Same-sex Marriage , but rather whether West violated his oath of office in performing allegedly illegal marriages. The May 2005 charges against West were reinstated; these were dropped by the prosecutor on July 12 .

These weddings, coming on the heels of San Francisco 's mayor Gavin Newsom led other New York mayors to act. On February 27 , 2004, Nyack mayor John Shields announced that he would recognize the New Paltz marriages and on March 1 , 2004, Ithaca 's mayor Carolyn K. Peterson declared that she would recognize same-sex marriages performed in other jurisdictions. Several months later, 25 same-sex couples sued Ithaca for having denied their requests for marriage licenses.
Two days later, State Attorney General Eliot Spitzer , who supports same-sex marriage, issued an “informal opinion,” saying that municipal clerks should not issue marriage licenses to same-sex couples since the New York state legislature had not intended, according to Spitzer, that same-sex couples be covered under the Domestic Relations Law.

CIVIL SUITS FOR SAME-SEX MARRIAGE

Hernandez case

''', file suit challenging the constitutionality of limiting marriage to only opposite-sex couples. The complaint relied on both equal protection and due process claims.

''' file)

September 13 , 2005 : Oral arguments are heard by the Appellate Division (First Judicial Department).

December 8 , 2005 : The Appellate Division (First Judicial Department) reverses the trial court with one dissent in a 4-1 decision that said the issue should be handled by the legislature.

Shields case

''', is one of the parties to the suit.

''' Supreme Court Judge Alfred J. Weiner issues an opinion in '' Shields V. Madigan '' rejecting the statutory interpretation and constitutional challenges for same-sex marriage. The Domestic Relations Law was determined to allow only opposite-sex marriages, and equal protection and due process claims were both denied.

May 16 , 2005 : A brief is filed in the Appellate Division (Second Judicial Department) seeking to reverse the trial court's ruling and allow same-sex marriage.

Samuels case

''', file suit to have declared unconstitutional a state law that denies them marriage. Daniel O'Donnell, New York State Assemblyman, is one of the parties to the suit.

''' Supreme Court Judge Joseph C. Teresi issues an opinion in '' Samuels V. New York State Department Of Health '' rejecting the four constitutional claims for same-sex marriage. Equal protection based on sexual orientation, equal protection based on gender, due process, and free speech were all argued to be violated by New York's Domestic Relations Law, but none was found to have merit.

October 17 , 2005 : Oral arguments are heard by the Appellate Division (Third Judicial Department).

February 16 , 2006 : The Appellate Division (Third Judicial Department) affirms the trial court in a 5-0 decision that consolidated all three cases (Samuels, Seymour, and Kane) on appeal in its jurisdiction.

Seymour case

''', file suit to have the Domestic Relations Law include same-sex marriage. If the law is determined not to apply to same-sex couples, the suit challenges the prohibition on a constitutional basis.

''' Supreme Court Judge Robert C. Mulvey issues an opinion in '' Seymour V. Holcomb '' rejecting Ithaca's standing to sue, the statutory claim, and the constitutional claims based on equal protection, due process, and free expression.

October 17 , 2005 : Oral arguments are heard by the Appellate Division (Third Judicial Department).

February 16 , 2006 : The Appellate Division (Third Judicial Department) affirms the trial court in a 5-0 decision that consolidated all three cases (Samuels, Seymour, and Kane) on appeal in its jurisdiction.

Kane case

''', 2004 .

''' Supreme Court Judge E. Michael Kavanagh issues an opinion in '' Kane V. Marsolais '' rejecting both statutory and constitutional claims. The opinion also rejected the notion that their marriages were valid because of a section of the Domestic Relations Law that recognized marriages solemnized by ceremonies even if the couple failed to obtain a license. This section of the law was held only to apply to those who were legally qualified to be married.

October 17 , 2005 : Oral arguments are heard by the Appellate Division (Third Judicial Department).

February 16 , 2006 : The Appellate Division (Third Judicial Department) affirms the trial court in a 5-0 decision that consolidated all three cases (Samuels, Seymour, and Kane) on appeal in its jurisdiction.

OFFICIAL RECOGNITION OF UNIONS PERFORMED IN OTHER STATES

In October, 2004, State Comptroller Alan Hevesi indicated that the state’s retirement system would recognize same-sex marriages performed outside New York State for purposes of state retirement and pension benefits. Not long thereafter, mayor Michael Bloomberg stated that he would ask that the city’s five pension systems recognize civil unions and same-sex marriages of city employees performed in other jurisdictions (such as Massachusetts , Canada , New Jersey , Vermont , Maine and California .)

TIMELINE

, mayor of the village of New Paltz , announces that the village would start performing same-sex civil weddings. Although the village would not attempt to issue licenses for such weddings, couples in New York State have six months from the wedding to seek such a license, and weddings are not invalid solely for not having a license. {Link without Title}

, the mayor of Nyack, New York , announces that his city would recognize same-sex marriages performed elsewhere. {Link without Title}

counts of "solemnizing marriages without a license" by Ulster County District Attorney Donald Williams. West announces that he intends to continue performing same-sex ceremonies.

March 3 , 2004 : Shields announces that he will begin officiating at same-sex marriages, and that he and his fiancé would join other gay and lesbian New Yorkers in seeking marriage licenses from municipal clerks' offices. {Link without Title}

'', 196 Misc. 2d 440 (N.Y. Misc., 2003).

issues a Temporary Restraining Order barring West from performing any such ceremonies for a month. West indicates that he will abide by the judicial order while evaluating his legal options.

ministers who had been performing same-sex weddings in Mayor West's stead are charged with 13 counts of solemnizing a marriage without a license by District Attorney Williams.

March 20 , 2004 : Six Unitarian Universalist ministers — including one of the two ministers charged earlier — defy the District Attorney by performing 25 more same-sex marriage ceremonies in New Paltz.

city council announces that Rochester will recognize same-sex marriages performed elsewhere. Rochester is across Lake Ontario from Toronto , where same-sex marriages have been legal since 2003 .

June 6 , 2004 : An Ulster County Supreme Court judge makes the temporary restraining order against Mayor West permanent.

June 10 , 2004 : A New Paltz Town Court Justice dismisses the charges against Mayor West, ruling that the district attorney had failed to show that the state had a legitimate interest in preventing the marriages, or that the law under which West was charged was constitutional. The district attorney said that he would appeal the ruling, and also indicated that he intended to continue forward with charges against the Unitarian Universalist ministers.

July 13 , 2004 : Another New Paltz Town Court Justice dismisses all of the charges against the Unitarian Universalist ministers, for essentially the same reasons.

Mayor Carolyn K. Peterson of Ithaca, New York , in conjunction with her city clerk, has planned to provoke a court hearing by sending marriage applications from five local gay couples to the New York State Department of Health, while offering the backing of Ithaca's legal resources if their applications are denied.

, Alan G. Hevesi, indicated in a letter to a state employee that the state retirement system will recognize same-sex marriages contracted elsewhere for the purposes of retirement benefits for New York state employees. {Link without Title}

Justice Doris Ling-Cohan ruled that New York City could not deny marriage licenses to same-sex couples, based on the equal protection clause of the state's constitution. The order was stayed for 30 days, pending an appeal (the Supreme Court is a trial-level court in New York, and the decision could be appealed either to the Appellate Division or directly to the Court Of Appeals ).

December 8 , 2005 : The Appellate Division of the New York Supreme Court overturns Ling-Cohan's decision.

REFERENCES

# "New York State Clergy Support Gay Marriage" from 365gay.com
# "New York Court Rules Gays Must Be Allowed To Marry" from 365gay.com
# "NY Court Coy On Gay Marriage Appeal" from 365gay.com
# "Odd Man Out" from the ''Village Voice''
# New York gay marriage: a timeline
# "Charges reinstated against New Paltz mayor"
# "NY High Court Ends Session With No Decision on Same-Sex Marriage" from the ''New York Lawyer''
# "Gays have ‘equal right’ to marry opposite sex, NY judge rules" from '' The NewStandard ''.
# Couples plot next maneuver in same-sex court struggle from the ''Ithaca Journal''

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Same-sex Marriage In New York