Text of NY S 3816 (2004)

Skip to main content New York State Assembly Speaker Carl E. Heastie Assembly Members Legislative Info Public Hearings Speaker's Press Assembly Reports Committees & More Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page. Bill No.: Summary Actions Floor Votes Memo Text S03816 Summary: BILL NOS03816 SAME ASSAME AS A07392 SPONSORDUANE COSPNSRKRUEGER, SCHNEIDERMAN MLTSPNSR 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 S03816 Text: STATE OF NEW YORK ________________________________________________________________________ 3816 2003-2004 Regular Sessions IN SENATE April 3, 2003 ___________ Introduced by Sens. DUANE, KRUEGER, SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed 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 S. 3816 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. Go to top Sitemap Request Information Directions and Maps