Text of NY A 7392 (2004)
Validates a marriage between same sex parties; provides that a marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or…
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A07392 Summary:
BILL NOA07392
SAME ASSAME AS S03816
SPONSORGottfried (MS)
COSPNSRBing, Glick, Grannis, O'Donnell, Stringer, Peralta, Hoyt
MLTSPNSRBrennan, Cohen A, Cohen M, Millman, Nolan, Seddio, Towns
Add S10-a, amd S15, Dom Rel L
Validates a marriage between same sex parties; provides that a marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex; makes appropriate gender neutral corrections to the section of the domestic relations law granting authority to the town or city clerk to accept an application for a marriage license.Go to top
A07392 Text:
STATE OF NEW YORK
________________________________________________________________________
7392
2003-2004 Regular Sessions
IN ASSEMBLY
March 25, 2003
___________
Introduced by M. of A. GOTTFRIED, BING, GLICK, GRANNIS, O'DONNELL,
STRINGER -- Multi-Sponsored by -- M. of A. BRENNAN, A. COHEN, SEDDIO,
TOWNS -- read once and referred to the Committee on Judiciary
AN ACT to amend the domestic relations law, in relation to the right to
marry
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The domestic relations law is amended by adding a new
2 section 10-a to read as follows:
3 § 10-a. Sex of parties. A marriage that is otherwise valid shall be
4 valid regardless of whether the parties to the marriage are of the same
5 or different sex.
6 § 2. Paragraph (a) of subdivision 1 of section 15 of the domestic
7 relations law, as amended by chapter 398 of the laws of 1997, is amended
8 to read as follows:
9 (a) It shall be the duty of the town or city clerk when an applica-
10 tion for a marriage license is made to him or her to require each of the
11 contracting parties to sign and verify a statement or affidavit before
12 such clerk or one of his or her deputies, containing [the following
13 information. From the groom]: Full name [of husband], place of resi-
14 dence, social security number, age, occupation, place of birth, name of
15 father, country of birth, [maiden] premarriage name of mother, country
16 of birth, number of marriage[. From the bride: Full name of bride,
17 place of residence, social security number, age, occupation, place of
18 birth, name of father, country of birth, maiden name of mother, country
19 of birth, number of marriage]. The said clerk shall also embody in the
20 statement if either or both of the applicants have been previously
21 married, a statement as to whether the former [husband or husbands or
22 the former wife or wives] spouse or spouses of the respective applicants
23 are living or dead and as to whether either or both of said applicants
24 are divorced persons, if so, when and where and against whom the divorce
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01808-01-3
A. 7392 2
1 or divorces were granted and shall also embody therein a statement that
2 no legal impediment exists as to the right of each of the applicants to
3 enter into the marriage state. The town or city clerk is hereby given
4 full power and authority to administer oaths and may require the appli-
5 cants to produce witnesses to identify them or either of them and may
6 examine under oath or otherwise other witnesses as to any material
7 inquiry pertaining to the issuing of the license, and if the applicant
8 is a divorced person the clerk may also require the production of a
9 certified copy of the decree of the divorce, or proof of an existing
10 marriage of parties who apply for a license to be used for a second or
11 subsequent ceremony; provided, however, that in cities of the first
12 class the verified statements and affidavits may be made before any
13 regular clerk of the city clerk's office designated for that purpose by
14 the city clerk.
15 § 3. This act shall take effect immediately.
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