Same-sex marriage has been legally recognized in New York since July 24, 2011, under the Marriage Equality Act (2011). The Act does not have a residency restriction, as some similar laws in other U.S. states do. It also allows religious organizations to decline to officiate at same-sex wedding ceremonies.
In 2006, the New York Court of Appeals ruled that the New York State Constitution does not require same-sex marriage rights and left the question of recognition to the State Legislature. Following the 2006 court decision, the New York State Assembly passed same-sex marriage legislation in 2007, 2009, and 2011. The New York Senate rejected the legislation in a 38–24 vote on December 2, 2009. In June 2011, same-sex marriage legislation passed the House and the Senate, and was signed by Governor Andrew Cuomo on June 24, 2011. The law took effect on July 24, 2011. New York was the sixth U.S. state, excluding California which had constitutionally banned same-sex marriage, but still recognized prior marriages, and the seventh U.S. jurisdiction (after the District of Columbia), to license same-sex marriages. In 2024, the Constitution of New York was amended to explicitly ban discrimination on the basis of sexual orientation, reinforcing the state's legal recognition of same-sex marriage.
Background In the 1970s, members of the Gay Activists Alliance (GAA) carried out a zap at the New York City Marriage License Bureau demanding marriage rights for gays and lesbians. The direct action was in response to government discrimination against ceremonial same-sex unions that had been carried out in a church which the GAA used as a meeting space. Jim Owles was the founding president of the GAA, described as the largest militant gay rights organization in the United States.
The organization Marriage Equality New York (MENY) was founded in 1998 by activist Jesús Lebrón to fight for same-sex marriage rights.
New Paltz marriages (2004)
On February 27, 2004, Mayor Jason West of New Paltz married 25 same-sex couples in front of the New Paltz Village Hall. Not long thereafter, the Ulster County district attorney charged West with nineteen misdemeanors in connection with these marriages. A court later dismissed the charges against West, a ruling which the state appealed. Ulster County Court Judge J. Michael Bruhn ruled in favor of the state, reinstating the charges against West, arguing that this criminal case did not concern whether the State Constitution mandated same-sex marriage, but rather whether West violated his oath of office in performing illegal marriages. The May 2005 charges against West were reinstated; these were dropped by the prosecutor on July 12. After Liberty Counsel filed a civil lawsuit challenging the validity of the marriages, a state court judge issued a permanent injunction barring West from solemnizing same-sex marriages.
On February 27, 2004, Mayor John Shields of Nyack announced that he would recognize the New Paltz marriages, and on March 1, 2004, Mayor Carolyn K. Peterson of Ithaca declared that she would recognize same-sex marriages performed in other jurisdictions. Two days later, the Attorney General of New York, Eliot Spitzer, a supporter of same-sex marriage, issued an "informal opinion" stating that municipal clerks should not issue marriage licenses to same-sex couples since the New York State Legislature had not intended for the domestic relations law to cover same-sex couples.
Lawsuits In 1990, a court ruled in In the Matter of Estate of Cooper that a same-sex partner of a deceased New York man could not be legally recognized as a "surviving spouse" under state law and could thus not inherit the estate of his late partner. Further, the court stated that "persons of the same sex have no constitutional rights to enter unto a marriage with each other."
In December 1995, a male couple in Ithaca, Phillip and Toshav Storrs, requested a marriage license from the city clerk. The couple filed a suit, Storrs v. Holcomb, in April 1996 against the Ithaca city clerk for denying their application for a marriage license. A trial court ruled against the couple, and they appealed to an intermediate-level appellate court. That court ruled that they had failed to include the New York State Department of Health as a necessary party and dismissed the suit. The couple re-filed their case in February 1998 against both the Ithaca city clerk and the Department of Health. A hearing was scheduled for September 11, 1998; however, the suit was dropped.
Shortly after Attorney General Spitzer's informal opinion was issued in 2004, five separate lawsuits were filed contesting the constitutionality of New York's opposite-sex definition of marriage. At the trial level, four failed and one succeeded (though it was stayed and later reversed). At the intermediate appellate level, four failed and one was not decided. The cases were all merged into one and heard by the Court of Appeals, the state's highest court, on May 31, 2006. On July 6, 2006, in a 4–2 decision, the Court of Appeals held in Hernandez v. Robles that New York law did not permit same-sex marriages and that there was no state constitutional right to same-sex marriage.
In October 2004, State Comptroller Alan Hevesi indicated that the state's retirement system would recognize same-sex marriages performed outside of New York for the purpose of state retirement and pension benefits. Not long thereafter, the Mayor of New York City, Michael Bloomberg, stated that he would ask that the city's five pension systems recognize domestic partnerships, civil unions, and same-sex marriages of city employees performed in other jurisdictions.
In June 2006, Westchester County Executive Andrew Spano issued an executive order, stating that Westchester County would officially recognize out-of-state marriages of same-sex couples the same way it recognizes marriages of different-sex couples. The Alliance Defending Freedom (ADF) sued in Godfrey v Spano and filed motions for a preliminary injunction and a temporary restraining order against Spano. In December 2008, the New York Appellate Division, Second Department affirmed the dismissal of the case, confirming that Spano lawfully recognized out-of-state marriages of same-sex couples. In November 2009, the New York Court of Appeals ruled that Westchester County could lawfully extend government benefits to same-sex couples in out-of-state marriages.
In February 2008, the Appellate Division, Fourth Department ruled unanimously in Martinez v. County of Monroe that because New York legally recognizes out-of-state marriages of opposite-sex couples, it must do the same for same-sex couples.Martinez v. County of Monroe et al. (Seeking recognition in New York for valid same-sex marriages performed outside the state) On May 6, 2008, the Court of Appeals declined to hear Monroe County's appeal. In November 2008, Monroe County announced that it would not pursue any further appeals of the Appellate Division's decision.
On May 29, 2008, Governor David Paterson directed all New York state agencies to begin to revise their policies and regulations to recognize same-sex marriages performed in other jurisdictions. Governor Paterson's directive cited the Appellate Division decision in the Martinez case, as well as several lower court rulings. As a result of Paterson's directive, New York became the first state that did not allow same-sex marriages, but whose state agencies recognized same-sex marriages performed elsewhere. In addition, same-sex couples in New York had the option to travel to states where same-sex marriage was possible to get married and have their marriages fully recognized by New York state agencies. Governor Paterson's directive was challenged as both premature and unconstitutional in a lawsuit filed on June 3, 2008, by the Alliance Defense Fund on behalf of several state legislators and conservative leaders; this lawsuit failed at all levels. On September 2, 2008, Supreme Court Justice Lucy A. Billings issued a decision that Governor Paterson acted within his powers when he required state agencies to recognize same-sex marriages from outside the state. Justice Billings found that Paterson's order was consistent with state laws on the recognition of marriages from other jurisdictions. The Court of Appeals agreed to hear this and another case on same-sex marriage recognition in 2009. Retrieved October 12, 2009 The court decided these cases on narrow grounds, finding that the state acted within its authority without reaching the issue of marriage recognition.
Legislative history Session Bill number(s) Date introduced Sponsor(s) # of cosponsors Latest status 2009–2010 S04401 April 16, 2009 Senator Thomas Duane 18 Failed in the Senate (38–24) A07732 April 16, 2009 Assemblyman Daniel O'Donnell 55 Passed the Assembly (89–52) 2011–2012 A08354 June 14, 2011 Assemblyman Daniel O'Donnell 67 Passed the Assembly (80–63) Passed the Senate (33–29) Signed by Governor Andrew Cuomo
Following the Hernandez v Robles decision in 2006, the focus of the same-sex marriage battle shifted to the executive and legislative branches of government. During his successful campaign for governor, Attorney General Spitzer said that he would push to legalize same-sex marriage if elected. Same-sex marriage legislation passed the New York State Assembly for the first time on June 19, 2007, but no action was taken in the Senate, and the bill died.
On March 12, 2008, Eliot Spitzer resigned from his position as governor.Governor Andrew M. Cuomo Following Spitzer's resignation, Lieutenant Governor David Paterson was sworn in as the 55th Governor of New York on March 17, 2008, by Chief Judge Judith Kaye. On April 9, 2008, Paterson pledged that he would continue to push for same-sex marriage legislation. He said he was "proud to have run on a ticket with now-former Governor Eliot Spitzer that was the first in the country to advocate for marriage equality and to win on that premise." "We will push on and bring full marriage equality in New York State".
On November 4, 2008, the Democratic Party gained a majority in the New York State Senate. Following the elections, three dissenting Senate Democrats declined to assure Senate Democratic Leader Malcolm Smith that they would vote for him as Senate Majority Leader when the Senate convened in January 2009. In December 2008, an agreement was allegedly reached between Senator Smith and the so-called "Gang of Three"; reports indicated that as part of the deal, Senator Smith agreed not to bring same-sex marriage legislation to a floor vote in the Senate during the 2009–2010 legislative session. However, on December 10, 2008, Senator Smith announced that the alleged agreement with three Democratic dissidents had been abandoned, and confirmed that he would not pledge to hold off on a same-sex marriage bill in the upcoming session. Senator Smith's decision placed control of the Senate by the Democratic Party in doubt, thus jeopardizing the passage of same-sex marriage legislation (since the Senate Republican leadership was opposed to same-sex marriage). After reaching an agreement with three Democratic dissidents, Smith was voted Senate Majority Leader on January 7, 2009.