Marriage Equality Act (New York)

Marriage Equality Act (New York)
New York State Legislation
 
Full name Marriage Equality Act
Status Passed
Introduced June 14, 2011
Assembly voted June 15, 2011
Senate voted June 24, 2011
Signed into law June 24, 2011
Sponsor(s) Assem. Daniel O'Donnell, Sen. Thomas Duane
Governor Andrew Cuomo
Code Domestic Relations Law
Section Sections 10, 11, 13
Resolution AB A08354
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.[1] 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.

Background

The moment of the Marriage Equality Act vote in balcony of the capital building in Albany, New York, the evening of July 24, 2011 photographed by Celebration Chapel of Kingston, NY.[2] Persons in foreground are wearing t-shirts bearing the logo of the Human Rights Campaign, one of many organizations backing the bill.

Before July 24, 2011, New York only allowed for recognition of legal same-sex marriages performed in other states of the union[3][4] and countries where same-sex marriage is legal, such as Canada and Spain, while also limiting legal recognition of in-state same-sex relationships to the rights of unregistered cohabitation; numerous municipalities afford 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.[5]

Prior legislative history

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,[6] but languished in the Republican-controlled Senate before dying and being returned to the Assembly.[6] 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,[7] but languished in the Senate during the November 10 special session.[8] It was re-passed by the Assembly on December 2[9] 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.[10] David Paterson, who also promoted the bill, introduced the bill on April 16.[11]

Enactment

Public rally in front of the Stonewall Inn minutes after the passage of the Marriage Equality Act.

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.

Three Democratic senators who voted against the December 2009 bill, Shirley Huntley, Carl Kruger and Joseph Addabbo Jr., announced their support for the 2011 bill on June 13.[12] James Alesi became the first Republican senator to announce his support for the bill,[12] and Roy McDonald became the second on June 14, narrowing the requirement for passage to just one.[13]

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.[14] The majority of the Republican caucus in the Senate voiced opposition to any attempt to pass same-sex marriage, and the Conservative Party of New York stated that it would not endorse the reelection of any senator who voted in favor of legalization.

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.[15][16] 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.[17][18]

A Senate vote was delayed while closed-door negotiations took place among the leadership of the Senate, the Governor and the Republican caucus. 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, Majority Leader Dean Skelos announced the decision to have the Senate consider the legislation as the final bill of the legislative session. Rallies took place in Albany and New York City, with crowds gathered on Christopher Street in front of the Stonewall Inn (the site of the 1969 Stonewall riots and the origin of the first Gay Pride March) in Greenwich Village, Manhattan.

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, then the entire legislation and thus legal same-sex marriage would be invalid.[1] It passed with little debate on a vote of 36-26.[19][20] 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.[21] The Act took effect on July 24, 2011. 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.

The Gotham Gazette reported that the Senate rules were changed by the Democratic conference to prevent Democrat Ruben Diaz, Sr., an opponent of same-sex marriage, from motioning to lay the bill aside for debate and that the rules were changed again during the vote to ensure it would conclude in time to be covered on the 11 pm EDT newscasts.[22] Sen. Kevin Parker alleged 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 on.[22]

Final Senate roll call

Senator Party Vote on
Amendments
Vote on
Bill
Eric Adams Democratic Green tick Aye Green tick Aye
Joseph Addabbo, Jr. Democratic Green tick Aye Green tick Aye
James Alesi Republican Green tick Aye Green tick Aye
Tony Avella Democratic Green tick Aye Green tick Aye
Greg Ball RepublicanRed X No Red X No
John Bonacic RepublicanRed X No Red X No
Neil Breslin Democratic Green tick Aye Green tick Aye
David Carlucci Independent Democratic Green tick Aye Green tick Aye
John DeFrancisco RepublicanRed X No Red X No
Rubén Díaz, Sr. DemocraticRed X No Red X No
Martin Malave Dilan Democratic Green tick Aye Green tick Aye
Thomas Duane Democratic Green tick Aye Green tick Aye
Adriano Espaillat Democratic Green tick Aye Green tick Aye
Hugh Farley RepublicanRed X No Red X No
John J. Flanagan RepublicanRed X No Red X No
Charles Fuschillo RepublicanRed X No Red X No
Patrick Gallivan RepublicanRed X No Red X No
Michael N. Gianaris Democratic Green tick Aye Green tick Aye
Martin Golden RepublicanRed X No Red X No
Joseph Griffo RepublicanRed X No Red X No
Mark Grisanti Republican Green tick Aye Green tick Aye
Kemp Hannon Republican Green tick Aye Red X No
Ruth Hassell-Thompson Democratic Green tick Aye Green tick Aye
Shirley Huntley Democratic Green tick Aye Green tick Aye
Owen H. Johnson RepublicanRed X No Red X No
Timothy M. Kennedy Democratic Green tick Aye Green tick Aye
Jeffrey Klein Independent Democratic Green tick Aye Green tick Aye
Liz Krueger Democratic Green tick Aye Green tick Aye
Carl Kruger Democratic Green tick Aye Green tick Aye
Andrew Lanza RepublicanRed X No Red X No
Bill Larkin RepublicanRed X No Red X No
Kenneth LaValle RepublicanRed X No Red X No
Thomas W. Libous RepublicanRed X No Red X No
Betty Little RepublicanRed X No Red X No
Carl Marcellino Republican Green tick Aye Red X No
Jack Martins RepublicanRed X No Red X No
George D. Maziarz RepublicanRed X No Red X No
Roy McDonald Republican Green tick Aye Green tick Aye
Velmanette Montgomery Democratic Green tick Aye Green tick Aye
Michael Nozzolio RepublicanRed X No Red X No
Tom O'Mara RepublicanRed X No Red X No
Suzi Oppenheimer Democratic Green tick Aye Green tick Aye
Kevin Parker Democratic Green tick Aye Green tick Aye
Jose Peralta Democratic Green tick Aye Green tick Aye
Bill Perkins Democratic Green tick Aye Green tick Aye
Michael Ranzenhofer RepublicanRed X No Red X No
Patty Ritchie RepublicanRed X No Red X No
Gustavo Rivera Democratic Green tick Aye Green tick Aye
Joseph Robach RepublicanRed X No Red X No
Stephen Saland Republican Green tick Aye Green tick Aye
John Sampson Democratic Green tick Aye Green tick Aye
Diane Savino Independent Democratic Green tick Aye Green tick Aye
José M. Serrano Democratic Green tick Aye Green tick Aye
James Seward RepublicanRed X No Red X No
Dean Skelos Republican Green tick Aye Red X No
Malcolm Smith Democratic Green tick Aye Green tick Aye
Daniel Squadron Democratic Green tick Aye Green tick Aye
Toby Ann Stavisky Democratic Green tick Aye Green tick Aye
Andrea Stewart-Cousins Democratic Green tick Aye Green tick Aye
David Valesky Independent Democratic Green tick Aye Green tick Aye
Catharine Young RepublicanRed X No Red X No
Lee Zeldin RepublicanRed X No Red X No

Response

Organizations

The Empire State Building lit in rainbow colors following the passage of the Marriage Equality Act.

Religious and moral institutions

Politicians

Town clerks

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 couplees.[46] 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.[47] The town clerk of Volney said she will not sign marriage certificates for same-sex couples unless forced to do so.[48] 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.[49] 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.[50] 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.[51]

Media personalities

Polling on same-sex marriage

Following the passage of the Marriage Equality Act, a Marist Poll taken in June 2011 reported that 55% of New York adults support the legalization of same-sex marriage, but 63% don't want the law overturned.[57]

2012 Elections

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.[58][59] Mayor Bloomberg also made maximum contributions to each of their re-election campaigns.[58]

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.[60] Prior to Alesi's announcement, Assemblyman Sean Hanna had expressed interest in challenging Alesi in the Republican primary.[61] Alesi indicated that his same-sex marriage vote would have "severely hampered" his chances in a Republican primary.[62]

Grisanti, McDonald, and Saland each faced primary challenges in 2012. Grisanti defeated attorney Kevin Stocker on a 60% to 40% vote 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."[63] In the general election Grisanti defeated three other candidates, including a Conservative Party challenger who opposed same-sex marriage.[64]

In the Republican primary, McDonald faced Saratoga County Clerk Kathleen Marchione, who criticized McDonald's vote for same-sex marriage.[65] After a primary contest that was described as "divisive",[66] "bitter,"[67] and "nasty,"[68] Marchione declared victory by a narrow margin on September 25, 2012.[66] McDonald later opted to cease his campaign and support Marchione.[69] Marchione won the general election on November 6, 2012.[70] Following McDonald's loss, a Newsday headline described the senator as "a political casualty of same-sex marriage."[71]

Saland was challenged in a Republican primary by Neil Di Carlo,[72] who stated that if elected, he would "fight to repeal same-sex marriage and give the people of NY an opportunity to voice their beliefs regarding this issue."[73] Saland won by a margin of 107 votes.[74] 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 approximately 2,000 votes.[75] Di Carlo received approximately 15,000 votes on the Conservative line.[75]

Of the four Republican state senators who voted in favor of the Marriage Equality Act, only one was re-elected to the State Senate in 2012.[76]

Lawsuits

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.[77]

On July 25, 2011, the organization New Yorkers for Constitutional Freedoms, along with the 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. The lawsuit alleges that:[78][79]

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."[80] 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.[81] On August 6, 2012, Liberty Counsel appealed to the New York Court of Appeals,[82] which declined to hear the appeal on October 23.[83]

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External links

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