Marriage Equality Bill

8/6/2019 Marriage Equality Bill

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Legislative Bill Drafting Commission12066-04-1

S.Senate

IN SENATE--Introduced by Sen

--read twice and ordered printed,and when printed to be committedto the Committee on

----.........- A ..Assembly

IN ASSEMBLY--Introduced by M. of A.

with M. of A. as co-sponsors

--read once and referred to theCommittee on

*DOMERELA*(Enacts therelating toto marry)

Marriageability of

Equality Actindividuals

Dom ReI. ability to marryAN ACT

to amend the domestic relations law,in relation to the ability to marry

The of State of Neweople theYork, represented in Senate andAssembly, do enact as follows:

of this proposalThe senators whose names are. circled below wish to join me in the sponsorship

623 Savino

IN SENATE ~ ___

s20 Adamss15 Addabbo855 .Alesi811.Avellas40 Ball842 Bonacic

544 Farley

Senate introducer' s signature

a02 Flanagan s34 Klein:sSS Kennedy

612 Gianari 51

sOB Fuschillo s26 Krueger827 KrugerS9 Galliv(lll

s46 Breslin Ei47 Griffos22 Golden

s38 Carlucci 560 Grisanti

s32 Diazs50 DeFranCisco s06 Hannon

s17 Dilan529 Duane$31Espaillat

s36 Hassell-Thompson

s10 Huntleys04 Johnson

624 Lanza639 Larkinsal LaVallesS2 LiboUBs45LittleB05Marcellinos07 Martins962 Maziarz843 McDonald

919 MontgomerysS4Nczzolio553 OMaras37 Oppenheimer$21 parker513 Peraltas3D Perkinsa61 Ran-ze.nhofers48 Ritchies33 RiverasSti llobacb.

El41 Salands19 Sampson

628 Serrano551 Sewards09 Skelos014 Smith525 Squadrons16 Staviskys35 Stewart-

Cousinss49 Valesky857 Youngs03 zeldin

IN ASSEMBLY _Assembly introducer's signatuJ:e

The Mert'ibers of the ,Assembly whose names are circled below wish to join me in themu1ti-sponsorship of this p::r;oposal:

aD49 Abbatea092 Abina.ntia105 Mledorea084 Arroyoa035 Aubrya124 Barclaya040 Barrona082 Benedetto~073 Bing

al07 c.roucba014 Curran aOS7 Jeffries

a095 Jaffee

a063 Cusick a135 Johns

aC81 Dinowi tz

a04S Cynmrowitz a12 Jordan

a074 Kavanagha034 DenDekker a099 Katz

a114 Duprey a06S Kellner

a122 BlankenDush (1123 Fincha071 Farrella004 Englebright a100 xirwan

a129 Kolb

a055 Boy1and a007 Fitzpatrick a091 Latimera025 Lancrntm

aOOS Boyle a137 l;i'Iiend a013 Lavine

a044 Brennana026 Braunstein &143 GaDryszak. aOSOLentol

a072 Linares13:l Bronsona0:90 Galefa133 Gantt

a046 Brook-Krasny a,07'1 Gibson

a066 Glicka147 Burlingal1.7 Butleral0l CabiHaD96 Calhoun1'1043Camara

al4.9 Giglio

~150 Goodell

a125 Lifton

al27 Lopez, p.a053 Lopez ~ V.aO 01 Losquadroa126 Lupardo

a-CI75Gottfried al11 Ma.gee

a059 MaiselaD05 Graf

al06 Canestrari a098 Guntheral30 HannaOS9 Castelli

&086 Castroa138 Cerettoa033 Cla1;'ka-047 Coltona010 Contea032 Cooka1.42 Corwina085 Crespo

al39 Bawleya148 Hayesa083 Heastiea028 Hevesia048 HikilldaOl8 Hooper11144 Hoyta042 Jacobs

a038 Miller, M. a012 SaladinoaOS2 Millman all3 Saywtu::d

al32 Morelle

1'1103Molinaro 8.029 Scarborougha015 Montesano a016 Schimel

a039 MoytlaOD3 Murraya037 Nolana129 01


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1 Section 1. This act shall be known and may be cited as the "Marriage2 Equality Act".3 2. Legislative intent. Marriage is a fundamental human right. Same-

4 sex couples should have the same access as others to the protections,5 responsibilities, rights, obligations, and benefits of civil marriage.6 Stable family relationships help build a stronger society. For the7 welfare of the community and in fairness to all New Yorkers, this act8 formally recognizes otherwise-valid marriages without regard to whether9 the parties are of the same or different sex.

10 It is the intent of the legislature that the marriages of same-sex and11 different-sex couples be treated equally in all respects under the law.12 The omission from this act of changes to other provisions of law shall13 not be construed as a legislative intent to preserve any legal14 distinction between same-sex couples and different-sex couples with15 respect to marriage. The legislature intends that all provisions of law16 which utilize gender-specific terms in reference to the parties to a17 marriage, or which in any other way may be inconsistent with this act,18 be construed in a gender-neutral manner or in any way necessary to19 effectuate the intent of this act.20 3. The domestic relations law is amended by adding two new sections21 10-a and 10-b to read as follows:22 10-a. Parties to a marriage. 1. A marriage that is otherwise valid23 shall be valid regardless of whether the parties to the marriage are of24 the same or different sex.25 2. No government treatment or legal status, effect, right, benefit,26 privilege, protection or responsibility relating to marriage, whether27 deriving from statute, administrative or court rule, public policy,28 COmmon law or any other source of law, shall differ based on the parties


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1 to the marriage being or having been of the same sex rather than a2 different sex. When necessary to implement the rights and responsibil-3 ities of spouses under the law, all gender-specific language or terms

4 shall be construed in a gender-neutral manner in all such sources of5 law.6 10-b. Application. 1. Notwithstanding any other provision of law,7 pursuant to subdivision nine of section two hundred ninety-two of the8 executive law, a corporation incorporated under the benevolent orders9 law or described in the benevolent orders law but formed under any other

10 law of this state or a religious corporation incorporated under the11 education law or the religious corporations laws shall be deemed to be12 in its nature distinctly private and therefore, shall not be required to13 provide accommodations, advantages, facilities or privileges related to14 the solemnization or celebration of a marriage.15 2. A refusal by a benevolent organization or a religious corporation,16 incorporated under the education law or the religious corporations law,17 to provide accommodations, advantages, facilities or privileges in18 connection with section ten-a of this article shall not create a civil19 claim or cause of action.20 3. Pursuant to subdivision eleven of section two hundred ninety-six of21 the executive law, nothing in this article shall be deemed or construed22 to prohibit any religious or denominational institution or organization,23 or any organization operated for charitable or educational purposes,24 which is operated, supervised or controlled by or in connection with a25 religious organization from limiting employment or sales or rental of26 housing accommodations or admission to or giving preference to persons27 of the same religion or denomination or from taking such action as is


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1 calculated by such organization to promote the religious principles for2 which it is established or maintained.3 4. Section 13 of the domestic relations law, as amended by chapter

4 720 of the laws of 1957, is amended to read as follows:5 13. Marriage licenses. It shall be necessary for all persons6 intended to be married in New York state to obtain a marriage license7 from a town or city clerk in New York state and to deliver said license,8 within sixty days, to the clergyman or magistrate who is to officiate9 before the marriage ceremony may be performed. In case of a marriage

10 contracted pursuant to subdivision four of section eleven of this chap-11 ter, such license shall be delivered to the judge of the court of record12 before whom the acknowledgment is to be taken. If either party to the13 marriage resides upon an island located not less than twenty-five miles14 from the office or residence of the town clerk of the town of which such15 island is a part, and if such office or residence is not on such island16 such license may be obtained from any justice of the peace residing on

17 such island, and such justice, in respect to powers and duties relating18 to marriage licenses, shall be subject to the provisions of this article19 governing town clerks and shall file all statements or affidavits20 received by him while acting under the provisions of this section with21 the town clerk of such town. No application for a marriage license shall22 be denied on the ground that the parties are of the same, or a differ-23 ent, sex.24 5. Subdivision 1 of section 11 of the domestic relations law, as25 amended by chapter 319 of the laws of 1959, is amended and a new subdi-26 vision I-a is added to read as follows:27 1. A clergyman or minister of any religion, or by the senior leader,28 or any of the other leaders, of The Society for Ethical Culture in the


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1 city of New York, having its principal office in the borough of Manhat-2 tan, or by the leader of The Brooklyn Society for Ethical Culture,3 having its principal office in the borough of Brooklyn of the city of

4 New York, or of the Westchester Ethical Society, having its principal5 office in Westchester county, or of the Ethical Culture Society of Long6 Island, having its principal office in Nassau county, or of the River-7 dale-Yonkers Ethical Society having its principal office in Bronx coun-8 ty, or by the leader of any other Ethical Culture Society affiliated9 with the American Ethical Union~ provided that no clergyman or minister10 as defined in section two of the religious corporations law, or Society11 for Ethical Culture leader shall be required to solemnize any marriage12 when acting in his or her capacity under this subdivision.13 I-a. A refusal by a clergyman or minister as defined in section two of14 the religious corporations law, or Society for Ethical Culture leader to15 solemnize any marriage under this subdivision shall not create a civil16 claim or cause of action.17 6. This act shall take effect on the thirtieth day after it shall18 have become a law.

Documents

Marriage Equality Bill