|Marriage Equality Act (New York)|
|New York State Legislature|
|Full name||Marriage Equality Act|
|Introduced||June 14, 2011|
|Assembly voted||June 15, 2011|
|Senate voted||June 24, 2011|
|Signed into law||June 24, 2011|
|Sponsor(s)||Asm. Daniel O'Donnell, Sen. Thomas Duane|
|Code||Domestic Relations Law|
|Section||Sections 10, 11, 13|
|Website||Text of the bill and Text of an amendment|
The Marriage Equality Act is a 2011 New York State law that allows gender-neutral marriages for both same- and opposite-sex couples, while prohibiting state and local courts and governments from penalizing religious and religious-supervised institutions, their employees, or clergy for refusing to sanctify or recognize marriages in contradiction with their religious doctrines, or for refusing to provide services and accommodations for such weddings. It was introduced to the New York State Assembly by Assemblyman Daniel O'Donnell. It was signed into law on June 24, 2011, and took effect on July 24, 2011.
From the date that Marriage Equality Act entered into force until when California re-legalized marriage for same-sex couples in 2013, New York was the most-populous state in the union to allow same-sex couples to wed.
Before July 24, 2011, New York only allowed for recognition of same-sex marriages legally performed in other states of the union and in countries where same-sex marriage is legal, such as Canada and Spain; the state also limited legal recognition of in-state same-sex relationships to the rights of unregistered cohabitation, and numerous municipalities afforded domestic partnership registries to residents engaged in same-sex relationships.
The bill made New York the sixth state in the United States to legalize and retain the in-state certification and legalization of same-sex marriage (excluding California, which legalized and performed some 18,000 same-sex marriages before a ban on further marriages was promulgated through referendum), and also made the state the most populous in the union to do so.
A similar bill which would legalize same-sex marriage performances in New York was passed by the State Assembly in 2007 by a majority of 85-61, but languished in the Republican-controlled Senate before dying and being returned to the Assembly. Then-governor Eliot Spitzer promoted the bill among lawmakers in Albany.
Another bill, A40003, was passed in the Assembly on May 12, 2009 with a majority of 89-52, but languished in the Senate during the November 10 special session. It was re-passed by the Assembly on December 2 but the Senate equivalent, S4401-2009, was defeated on the same day in the Senate by a majority of 38-24, with 8 Democratic senators voting against the Democratic caucus.David Paterson, who also promoted the bill, introduced the bill on April 16.
Governor Andrew Cuomo, like his predecessor Paterson, promoted the bill and the general movement for legalization of same-sex marriage in the state. The majority of the Democratic senatorial caucus--which constituted the minority in the Senate in June 2011--also supported legalization of same-sex marriage. However, in May 2011, the Conservative Party of New York State stated that it would withdraw support for any candidate who supported same-sex marriage.
On June 13, 2011, three Democratic senators who voted against the December 2009 same-sex marriage bill (Shirley Huntley, Carl Kruger and Joseph Addabbo Jr.) announced their support for the Marriage Equality Act.James Alesi became the first Republican senator to announce his support for the bill, and Roy McDonald became the second on June 14, narrowing the requirement for passage to just one. Democratic senator Rubén Díaz, Sr. was a vocal opponent of the legalization and resigned from the bicameral Black, Puerto Rican, Hispanic, and Asian Legislative Caucus to demonstrate his opposition to its position on the legislation.
On June 15, 2011, the New York State Assembly passed the Marriage Equality Act by a margin of 80 to 63; this was a smaller margin of victory than three same-sex marriage bills had attained in the Assembly in prior years. On the same day, Governor Cuomo issued a message of necessity to the Senate, allowing the bill to bypass the normal three-day aging process.
A Senate vote was delayed while closed-door negotiations took place between the Governor and the Senate's Republican leadership. The bill was made part of the "controversial calendar" which was eventually moved to the Friday following the intended end of the legislative session on June 20. From June 15 to June 24, protests both for and against the vote took place inside and around the capital complex, and organizations such as the Empire State Pride Agenda, the Human Rights Campaign, New Yorkers for Marriage Equality, New Yorkers for Constitutional Freedoms, and the National Organization for Marriage took part in the rallies. As thousands of New York residents lobbied the Senators on both sides of the issue, Senator Greg Ball invited the public to participate in an online poll on Twitter and Facebook. Ball eventually decided to vote against the bill.
On June 24, Senate Majority Leader Dean Skelos announced that the Senate would consider the legislation as the final bill of the legislative session. Skelos had previously stated that Republican senators would be free to vote their consciences on the bill if it came to the floor.
The bill was considered on the Senate floor on June 24. While the Senate met, the Assembly voted on a set of amendments developed to win the support of Senators concerned about the Act's impact on religion-based opposition to same-sex marriage, which detailed exemptions for religious and benevolent organizations. The exemptions are tied to an inseverability clause, ensuring that if the religious exemptions were successfully challenged in court, the entire legislation would not be ruled invalid. It passed with little debate by a vote of 36-26. The same-sex marriage bill passed later that evening by a vote of 33-29. Governor Andrew Cuomo signed the act into law at 11:55 P.M. Republican senators Mark Grisanti and Stephen Saland joined Sens. Alesi and McDonald as the only Republicans supporting the legislation, while Sen. Ruben Diaz cast the only Democratic vote against the bill.
On June 25, the Gotham Gazette reported that Senate rules had been changed the previous day "in a backroom agreement before session started and then changed again during the vote to make sure it would be concluded to make the 11 p.m. newscasts." The Gazette also reported that Sen. Ruben Diaz, Sr., an opponent of same-sex marriage, was ignored when he requested that the bill be laid aside for debate. According to Sen. Kevin Parker, Senate Democrats were informed prior to the vote that each Senator would have two minutes to explain his or her vote; however, legislators were not allowed to speak on the bill. The Gazette further reported that the vote was expedited because of Gov. Cuomo's desire to have the bill's passage covered on that evening's news. Sen. Parker added that the doors to the Senate chamber were locked on the evening of June 24 to prevent senators from leaving the chamber when the bill was voted upon.
The Act took effect on July 24, 2011.
|Joseph Addabbo, Jr.||Democratic||Aye||Aye|
|Greg Ball||Republican||N No||N No|
|John Bonacic||Republican||N No||N No|
|David Carlucci||Independent Democratic||Aye||Aye|
|John DeFrancisco||Republican||N No||N No|
|Rubén Díaz, Sr.||Democratic||N No||N No|
|Martin Malave Dilan||Democratic||Aye||Aye|
|Hugh Farley||Republican||N No||N No|
|John J. Flanagan||Republican||N No||N No|
|Charles Fuschillo||Republican||N No||N No|
|Patrick Gallivan||Republican||N No||N No|
|Michael N. Gianaris||Democratic||Aye||Aye|
|Martin Golden||Republican||N No||N No|
|Joseph Griffo||Republican||N No||N No|
|Kemp Hannon||Republican||Aye||N No|
|Owen H. Johnson||Republican||N No||N No|
|Timothy M. Kennedy||Democratic||Aye||Aye|
|Jeffrey Klein||Independent Democratic||Aye||Aye|
|Andrew Lanza||Republican||N No||N No|
|Bill Larkin||Republican||N No||N No|
|Kenneth LaValle||Republican||N No||N No|
|Thomas W. Libous||Republican||N No||N No|
|Betty Little||Republican||N No||N No|
|Carl Marcellino||Republican||Aye||N No|
|Jack Martins||Republican||N No||N No|
|George D. Maziarz||Republican||N No||N No|
|Michael Nozzolio||Republican||N No||N No|
|Tom O'Mara||Republican||N No||N No|
|Michael Ranzenhofer||Republican||N No||N No|
|Patty Ritchie||Republican||N No||N No|
|Joseph Robach||Republican||N No||N No|
|Diane Savino||Independent Democratic||Aye||Aye|
|José M. Serrano||Democratic||Aye||Aye|
|James Seward||Republican||N No||N No|
|Dean Skelos||Republican||Aye||N No|
|Toby Ann Stavisky||Democratic||Aye||Aye|
|David Valesky||Independent Democratic||Aye||Aye|
|Catharine Young||Republican||N No||N No|
|Lee Zeldin||Republican||N No||N No|
Two town clerks, one in Barker and another in Granby, resigned their positions due to moral and religious objections to signing marriage certificates for same-sex couples. For the same reason, a clerk in Guilderland announced she would continue in her position but would no longer officiate at any weddings, allowing another official to do so in her stead. The town clerk of Volney said she will not sign marriage certificates for same-sex couples unless forced to do so.Kathleen Rice, the district attorney for Nassau County, warned all town clerks within her jurisdiction they could face criminal charges if any refused to perform their duties with respect to same-sex marriages. Ledyard Town Clerk Rose Marie Belforti made state and national headlines when she notified the Town of Ledyard that she would not sign gay marriage certificates due to her religious beliefs. Belforti later delegated marriage applications to a deputy. Same-sex marriage advocates and some town residents criticized Belforti for taking this action, and resident Ed Easter attempted to unseat her in the fall of 2011. Belforti was re-elected by a substantial margin. Governor Cuomo took the position that municipal employees responsible for solemnizing or licensing marriages were obliged to solemnize and/or license same-sex marriage licenses as well. "If you can't enforce the law, then you shouldn't be in that position," Cuomo said.
Four Republican state senators-Sens. James Alesi, Mark Grisanti, Roy McDonald, and Stephen Saland-voted in favor of same-sex marriage in 2011. Following their votes, the four senators received public support from New York City Mayor Michael Bloomberg, who scheduled a fundraiser for the four senators that was expected to raise $1.25 million. Mayor Bloomberg also made maximum contributions to each of their re-election campaigns.
On May 9, 2012, Alesi announced that he would not run for re-election. He stated that many factors, including the welfare of the Republican Party, led to his decision. Prior to Alesi's announcement, Assemblyman Sean Hanna had expressed interest in challenging Alesi in the Republican primary. Alesi indicated that his same-sex marriage vote would have "severely hampered" his chances in a Republican primary.
Grisanti, McDonald, and Saland each faced primary challenges in 2012. Grisanti defeated attorney Kevin Stocker, 59% to 40%, after a campaign in which "much of the bitterest politicking had revolved around Grisanti's controversial 2011 vote to support legalizing same-sex marriage in the state." In the general election, Grisanti defeated three other candidates, including a Conservative Party challenger who opposed same-sex marriage.
In the District 43 Republican primary, McDonald faced Saratoga County Clerk Kathleen Marchione, who criticized McDonald's vote for same-sex marriage. After a primary contest that was described as "divisive", "bitter," and "nasty," Marchione declared victory by a narrow margin on September 25, 2012. McDonald later opted to cease his campaign and support Marchione. Marchione won the general election on November 6, 2012. Following McDonald's loss, a Newsday headline described the senator as "a political casualty of same-sex marriage."
In District 41, Saland received a Republican primary challenge from Neil Di Carlo. Saland won by a margin of 107 votes. Di Carlo continued his campaign as the candidate of the Conservative Party, and Saland lost the general election to Democrat Terry Gipson by a margin of 2,096 votes. Di Carlo acted as a spoiler, receiving 17,300 votes on the Conservative line.
Of the four Republican state senators who voted in favor of the Marriage Equality Act, only one--Mark Grisanti--was re-elected to the State Senate in 2012. Grisanti was defeated in the 2014 elections.
In 2015, Gov. Cuomo appointed Grisanti to the New York State Court of Claims. Grisanti's appointment was confirmed by the New York State Senate in May 2015. The reported salary for the judgeship was $174,000.
In 2016, Gov. Cuomo appointed Saland to the board of the state Thruway Authority.
Sen. Ruben Diaz, Sr., a Democrat and the most prominent opponent of the Act, announced at a rally on July 24, 2011, that he would file a lawsuit alleging that the same-sex marriages performed on that day were illegal. Diaz said the lawsuit would challenge judicial waivers that allowed a same-sex couple to marry on the same day they applied for a marriage license.
On July 25, 2011, New Yorkers for Constitutional Freedoms, along with Liberty Counsel, filed a lawsuit in the New York Supreme Court for Livingston County against the New York Senate and other state offices seeking an injunction against the Act. On November 18, 2011, Acting Supreme Court Justice Robert B. Wiggins allowed the plaintiffs' claims under the Open Meetings Law, but dismissed other portions of the case. He noted: "It is ironic that much of the state's brief passionately spews sanctimonious verbiage on the separation of powers in the governmental branches, and clear arm-twisting by the Executive on the Legislative permeates this entire process." On July 6, 2012, a five-judge panel of the Appellate Division ruled unanimously that no violation of the Open Meetings Law had occurred and dismissed the suit. On August 6, 2012, Liberty Counsel appealed to the New York Court of Appeals, which declined to hear the appeal on October 23.
Kathleen Rice, the Nassau County District Attorney who ran as a tough, law-and-order attorney general candidate last year, is warning clerks they could face "criminal prosecution" if they refuse marriage licenses to same-sex couples after July 24.
GLAAD is calling on country singer Blake Shelton, a judge on NBC's The Voice, to apologize after a violent, anti-gay Tweet was sent from his Twitter account overnight. Shelton apparently had been Tweeting about re-writing lyrics to the Shania Twain song, "Any Man of Mine". [...] But on his Twitter page Shelton wrote: "Re-writing my fav Shania Twain song.. Any man that tries Touching my behind He's gonna be a beaten, bleedin', heaving kind of guy..."