Text of NY S 4401 (2010)

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 S04401 Summary: BILL NOS04401 SAME ASSAME AS A07732, SAME AS S51101, SAME AS S66003-A, SAME AS A40003 SPONSORDUANE COSPNSRADAMS, BRESLIN, DILAN, ESPADA, JOHNSON C, KLEIN, KRUEGER, MONTGOMERY, OPPENHEIMER, PARKER, PERKINS, SAVINO, SCHNEIDERMAN, SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS, THOMPSON MLTSPNSR Add S10-a, amd SS13 & 11, Dom Rel L Relates to individuals ability to marry. Go to top S04401 Text: STATE OF NEW YORK ________________________________________________________________________ 4401 2009-2010 Regular Sessions IN SENATE April 22, 2009 ___________ Introduced by Sens. DUANE, ADAMS, BRESLIN, DILAN, ESPADA, C. JOHNSON, KLEIN, KRUEGER, MONTGOMERY, OPPENHEIMER, PARKER, PERKINS, SAVINO, SCHNEIDERMAN, SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS, THOMPSON -- (at request of the Governor) -- 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 ability to marry The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. Marriage is a fundamental human right. 2 Same-sex couples and their children should have the same access as 3 others to the protections, responsibilities, rights, obligations, and 4 benefits of civil marriage. Stable family relationships help build a 5 stronger society. For the welfare of the community and in fairness to 6 all New Yorkers, this act formally recognizes otherwise-valid marriages 7 without regard to whether the parties are of the same or different sex. 8 It is the intent of the legislature that the marriages of same-sex and 9 different-sex couples be treated equally in all respects under the law. 10 The omission from this act of changes to other provisions of law shall 11 not be construed as a legislative intent to preserve any legal 12 distinction between same-sex couples and different-sex couples with 13 respect to marriage. The legislature intends that all provisions of law 14 which utilize gender-specific terms in reference to the parties to a 15 marriage, or which in any other way may be inconsistent with this act, 16 be construed in a gender-neutral manner or in any way necessary to 17 effectuate the intent of this act. 18 § 2. The domestic relations law is amended by adding a new section 19 10-a to read as follows: 20 § 10-a. Sex of parties. 1. A marriage that is otherwise valid shall be 21 valid regardless of whether the parties to the marriage are of the same 22 or different sex. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12040-01-9 S. 4401 2 1 2. No government treatment or legal status, effect, right, benefit, 2 privilege, protection or responsibility relating to marriage, whether 3 deriving from statute, administrative or court rule, public policy, 4 common law or any other source of law, shall differ based on the parties 5 to the marriage being or having been of the same sex rather than a 6 different sex. When necessary to implement the rights and responsibil- 7 ities of spouses under the law, all gender-specific language or terms 8 shall be construed in a gender-neutral manner in all such sources of 9 law. 10 § 3. Section 13 of the domestic relations law, as amended by chapter 11 720 of the laws of 1957, is amended to read as follows: 12 § 13. Marriage licenses. It shall be necessary for all persons 13 intended to be married in New York state to obtain a marriage license 14 from a town or city clerk in New York state and to deliver said license, 15 within sixty days, to the clergyman or magistrate who is to officiate 16 before the marriage ceremony may be performed. In case of a marriage 17 contracted pursuant to subdivision four of section eleven of this chap- 18 ter, such license shall be delivered to the judge of the court of record 19 before whom the acknowledgment is to be taken. If either party to the 20 marriage resides upon an island located not less than twenty-five miles 21 from the office or residence of the town clerk of the town of which such 22 island is a part, and if such office or residence is not on such island 23 such license may be obtained from any justice of the peace residing on 24 such island, and such justice, in respect to powers and duties relating 25 to marriage licenses, shall be subject to the provisions of this article 26 governing town clerks and shall file all statements or affidavits 27 received by him while acting under the provisions of this section with 28 the town clerk of such town. No application for a marriage license shall 29 be denied on the ground that the parties are of the same, or a differ- 30 ent, sex. 31 § 4. Subdivision 1 of section 11 of the domestic relations law, as 32 amended by chapter 319 of the laws of 1959, is amended to read as 33 follows: 34 1. A clergyman or minister of any religion, or by the senior leader, 35 or any of the other leaders, of The Society for Ethical Culture in the 36 city of New York, having its principal office in the borough of Manhat- 37 tan, or by the leader of The Brooklyn Society for Ethical Culture, 38 having its principal office in the borough of Brooklyn of the city of 39 New York, or of the Westchester Ethical Society, having its principal 40 office in Westchester county, or of the Ethical Culture Society of Long 41 Island, having its principal office in Nassau county, or of the River- 42 dale-Yonkers Ethical Society having its principal office in Bronx coun- 43 ty, or by the leader of any other Ethical Culture Society affiliated 44 with the American Ethical Union; provided that no clergyman, minister or 45 Society for Ethical Culture leader shall be required to solemnize any 46 marriage when acting in his or her capacity under this subdivision. 47 § 5. This act shall take effect immediately. 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