| 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 |
| Governor | Andrew Cuomo |
| Code | Domestic Relations Law |
| Section | Sections 10, 11, 13 |
| Resolution | AB A08354 |
| Website | Text of the bill andText of an amendment |
Status: Current legislation | |
TheMarriage Equality Act is a 2011 landmark New York State law that made same-sex marriage legal. The bill was introduced in theNew York State Assembly by AssemblymanDaniel O'Donnell and in theNew York State Senate by SenatorThomas Duane. It was signed into law by GovernorAndrew Cuomo on June 24, 2011, and took effect on July 24, 2011.
On July 6, 2006, inHernandez v. Robles, the New York Court of Appeals issued a 4–2 decision holding that New York law did not permitsame-sex marriages and that there was no state constitutional right to same-sex marriage.[2]
In June 2006, Westchester County Executive Andrew Spano issued anexecutive order, stating thatWestchester County would officially recognize out-of-state marriages of same-sex couples the same way it recognizes marriages of different-sex couples. TheAlliance Defending Freedom (ADF) sued. In a November 2009 decision inGodfrey v Spano, the New York Court of Appeals held that Westchester County could lawfully extend government benefits to same-sex couples in out-of-state marriages.[3]
In February 2008, the Supreme Court, Appellate Division, Fourth Department ruled unanimously inMartinez 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.[4] On May 6, 2008, the Court of Appeals declined to hear Monroe County's appeal.[5] In November 2008,Monroe County announced that it would not pursue any further appeals of the Appellate Division's decision.[6]
Following theHernandez 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 forgovernor, Attorney General Spitzer said that he would push to legalize same-sex marriage if elected.[7] Same-sex marriage legislation passed the New York State Assembly for the first time on June 19, 2007,[8] by a vote of 85–61.[9] The bill languished in the Republican-controlled Senate before dying and being returned to the Assembly.[9][10]
GovernorDavid Paterson introduced same-sex marriage legislation on April 16, 2009.[11] The Assembly passed a same-sex marriage bill on May 12, 2009, with a majority of 89–52,[12] but the bill languished in the Senate during the November 10 special session.[13] It was re-passed by the Assembly on December 2,[14] but the Senate--then led by Democrats[15]--defeated it on the same day by a vote of 38–24. All Senate Republicans voted against the bill, and eight Democratic senators joined them. The failed Senate vote "followed more than a year of lobbying by gay rights organizations, who steered close to $1 million into New York legislative races to boost support for the measure".[16][17]The New York Times later described the Senate's defeat of the legislation as "humiliating".[15]
In 2010, several senators who had voted against same-sex marriage in 2009 were defeated. They were: DemocratDarrel Aubertine[18] (defeated by a Republican),[19] DemocratsHiram Monserrate andBill Stachowski (both of whom were defeated in Democratic primaries by opponents who supported same-sex marriage) and Republican Frank Padavan.[20] Also in 2010, three senators who had voted in favor of same-sex marriage in 2009 were defeated (although the marriage issue was not a prominent one in their 2010 re-election campaigns). They were DemocratsBrian Foley,Craig M. Johnson, andAntoine Thompson.[21]
After the effort to pass marriage equality legislation failed in New York in 2009, LGBTQ activists escalated the fight for same-sex marriage almost immediately in 2010. Activists formed a direct action group named Queer Rising and staged a protest outside the New York City marriage bureau.[22][better source needed] Those activists then increased the number of direct action protests[23] and succeeded in putting the issue of marriage equality on the social and legislative agenda for over a year. Queer Rising inspired the creation or actions of other LGBTQ or civil rights groups that, likewise, put pressure on the Government to enact marriage equality. When it was revealed that the Catholic Church was lobbying against passage of marriage equality,[24] activists protested outside St. Patrick's Cathedral in Manhattan in support of same-sex marriage.[25]
GovernorAndrew Cuomo, who took office on December 31, 2010,[26] supported same-sex marriage, as did New York City Mayor Michael Bloomberg.[27] Cuomo called a March 2011 meeting with same-sex marriage advocates to strategize about the legislation, and he played a major role in pushing for it.[28][29] Other supporters included theEmpire State Pride Agenda, theHuman Rights Campaign,Equality Matters,[30]Freedom to Marry, and New Yorkers United for Marriage.[29] Opponents includedArchbishop Timothy Dolan of the Roman Catholic Archdiocese of New York, theNational Organization for Marriage, Democratic State Sen.Rubén Díaz Sr. of the Bronx, the Empire Missionary Baptist Convention, Orthodox Jewish leaders,New Yorkers for Constitutional Freedoms,[31] and the Coalition to Save Marriage in New York.[32][33] Also, in May 2011, theConservative Party of New York State stated that it would withdraw support from any candidate who supported same-sex marriage.[27][34]
On June 13, 2011, three Democratic senators who had voted against the December 2009 same-sex marriage bill (Shirley Huntley,Carl Kruger andJoseph Addabbo Jr.) announced their support for the Marriage Equality Act.[35] By this point in time, every Democratic state senator except one supported the bill.[36]James Alesi became the first Republican senator to announce his support for the bill,[35] andRoy McDonald became the second on June 14; at this point, only one more supporter was needed for the bill to pass the Senate.[37] Democratic SenatorRubén Díaz Sr., a vocal opponent of same-sex marriage, resigned from the bicameral Black, Puerto Rican, Hispanic, and Asian Legislative Caucus to demonstrate his opposition to its position on the legislation.[38]
The New York State Assembly passed the Marriage Equality Act on June 15, 2011, 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.[39][40] 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.[41]
On June 24, Republican Senate Majority LeaderDean Skelos announced that the Senate would consider the legislation as the final bill of the legislative session.[42] Skelos had previously stated that Republican senators would be free to vote their consciences on the bill if it came to the floor.[43]
The Marriage Equality Act was considered on the Senate floor on June 24.[15] 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 a severability clause, ensuring that if the religious exemptions were successfully challenged in court, the entire legislation would not be ruled invalid.[44] The proposed amendments passed with little debate by a vote of 36–26.[45][46] The same-sex marriage bill passed later that evening by a vote of 33–29. GovernorAndrew Cuomo signed the act into law at 11:55 P.M.[47] Republican senatorsMark Grisanti andStephen Saland joined Sens. Alesi and McDonald as the only Senate Republicans supporting the legislation, while Sen. Ruben Diaz cast the only Senate Democratic vote against the bill.[48]
On June 25, theGotham 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.Rubén Díaz 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.[49] 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.[49]
The Act took effect on July 24, 2011.[50]
In addition to legalizing same-sex marriage, the Marriage Equality Act also prohibited state and local courts and governments from penalizing religious and religious-supervised institutions, their employees, and their clergy for refusing to sanctify or recognize marriages that contradict their religious doctrines or for declining to provide services and accommodations in connection with such marriages.[44]
The Marriage Equality Act made New York the sixth state in the United States to legalize same-sex marriage (excluding California, which legalized and performed some 18,000 same-sex marriages beforea ban on further marriages was promulgated through referendum), and also made the state the most populous in the union to do so.[51]
| Senator | Party | Vote on amendments | Vote on bill |
|---|---|---|---|
| Eric Adams | Democratic |  Y Aye | Y Aye |
| Joseph Addabbo Jr. | Democratic | Y Aye | Y Aye |
| James Alesi | Republican | Y Aye | Y Aye |
| Tony Avella | Democratic | Y Aye | Y Aye |
| Greg Ball | Republican |  N No | N No |
| John Bonacic | Republican | N No | N No |
| Neil Breslin | Democratic | Y Aye | Y Aye |
| David Carlucci | Independent Democratic | Y Aye | Y Aye |
| John DeFrancisco | Republican | N No | N No |
| Rubén Díaz Sr. | Democratic | N No | N No |
| Martin Malave Dilan | Democratic | Y Aye | Y Aye |
| Thomas Duane | Democratic | Y Aye | Y Aye |
| Adriano Espaillat | Democratic | Y Aye | Y 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 | Y Aye | Y Aye |
| Martin Golden | Republican | N No | N No |
| Joseph Griffo | Republican | N No | N No |
| Mark Grisanti | Republican | Y Aye | Y Aye |
| Kemp Hannon | Republican | Y Aye | N No |
| Ruth Hassell-Thompson | Democratic | Y Aye | Y Aye |
| Shirley Huntley | Democratic | Y Aye | Y Aye |
| Owen H. Johnson | Republican | N No | N No |
| Timothy M. Kennedy | Democratic | Y Aye | Y Aye |
| Jeffrey Klein | Independent Democratic | Y Aye | Y Aye |
| Liz Krueger | Democratic | Y Aye | Y Aye |
| Carl Kruger | Democratic | Y Aye | Y 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 | Y Aye | N No |
| Jack Martins | Republican | N No | N No |
| George D. Maziarz | Republican | N No | N No |
| Roy McDonald | Republican | Y Aye | Y Aye |
| Velmanette Montgomery | Democratic | Y Aye | Y Aye |
| Michael Nozzolio | Republican | N No | N No |
| Tom O'Mara | Republican | N No | N No |
| Suzi Oppenheimer | Democratic | Y Aye | Y Aye |
| Kevin Parker | Democratic | Y Aye | Y Aye |
| Jose Peralta | Democratic | Y Aye | Y Aye |
| Bill Perkins | Democratic | Y Aye | Y Aye |
| Michael Ranzenhofer | Republican | N No | N No |
| Patty Ritchie | Republican | N No | N No |
| Gustavo Rivera | Democratic | Y Aye | Y Aye |
| Joseph Robach | Republican | N No | N No |
| Stephen Saland | Republican | Y Aye | Y Aye |
| John Sampson | Democratic | Y Aye | Y Aye |
| Diane Savino | Independent Democratic | Y Aye | Y Aye |
| José M. Serrano | Democratic | Y Aye | Y Aye |
| James Seward | Republican | N No | N No |
| Dean Skelos | Republican | Y Aye | N No |
| Malcolm Smith | Democratic | Y Aye | Y Aye |
| Daniel Squadron | Democratic | Y Aye | Y Aye |
| Toby Ann Stavisky | Democratic | Y Aye | Y Aye |
| Andrea Stewart-Cousins | Democratic | Y Aye | Y Aye |
| David Valesky | Independent Democratic | Y Aye | Y Aye |
| Catharine Young | Republican | N No | N No |
| Lee Zeldin | Republican | N No | N No |
Two town clerks, one inBarker and another inGranby, resigned their positions due to moral and religious objections to signing marriage certificates for same-sex couples.[66] For the same reason, a clerk inGuilderland announced she would continue in her position but would no longer officiate at any weddings, allowing another official to do so in her stead.[67] The town clerk ofVolney said she will not sign marriage certificates for same-sex couples unless forced to do so.[68]Kathleen Rice, the district attorney forNassau 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.[69] The town clerk of Ledyard, Rose Marie Belforti, made state and national headlines when she notified town officials 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 reelected by a substantial margin.[70] Governor Cuomo took the position that municipal employees responsible for solemnizing or licensing marriages were obliged to solemnize 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.[71] New Yorkers for Constitutional Freedoms set up a "Courage Fund" to "assist courageous municipal clerks and other people of conscience in New York State who oppose same-sex 'marriage' from harassment, denial of rightful promotion, or unfair termination for invoking New York State law protecting their sincerely-held religious beliefs".[72]
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.[75][76] Mayor Bloomberg also made maximum contributions to each of their re-election campaigns.[75]
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.[77] Prior to Alesi's announcement, Assemblyman Sean Hanna had expressed interest in challenging Alesi in the Republican primary.[78] Alesi indicated that his same-sex marriage vote would have "severely hampered" his chances in a Republican primary.[79]
Grisanti, McDonald, and Saland each faced primary challenges in 2012. Grisanti defeated attorney Kevin Stocker, 59% to 40%,[80] 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."[81] In the general election, Grisanti defeated three other candidates, including a Conservative Party challenger who opposed same-sex marriage.[82]
In the District 43 Republican primary, McDonald faced Saratoga County Clerk Kathleen Marchione, who criticized McDonald's vote for same-sex marriage.[83] After a primary contest that was described as "divisive",[84] "bitter,"[85] and "nasty",[86] Marchione declared victory by a narrow margin on September 25, 2012.[84] McDonald later opted to cease his campaign and support Marchione.[87] Marchione won the general election on November 6, 2012.[88] Following McDonald's loss, aNewsday headline described the senator as "a political casualty of same-sex marriage."[89]
In District 41, Saland received a Republican primary challenge from Neil Di Carlo.[90] Saland won by a margin of 107 votes.[91][92] Di Carlo continued his campaign as the candidate of the Conservative Party, and Saland lost the general election to Democrat Terry Gipson[93] by a margin of 2,096 votes.[94] Di Carlo acted as a spoiler,[93] receiving 17,300 votes on the Conservative line.[94]
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.[95] Grisanti was defeated in the 2014 elections.[96]
In 2013, Gov. Andrew Cuomo appointed Alesi to a $90,000-per-year post[97] on the Unemployment Insurance Appeal Board.[98]
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.[99] The reported salary for the judgeship was $174,000.[100]
In 2016, Gov. Cuomo appointed Saland to the board of the state Thruway Authority.[101]
In June 2017, Gov. Cuomo nominated Alesi to a $109,800-per-year[102] position on the state's Public Service Commission; the Senate confirmed his appointment.[103]
Sen.Rubén Díaz 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.[104]
On July 25, 2011, New Yorkers for Constitutional Freedoms, along withLiberty Counsel, filed a lawsuit in theNew York Supreme Court forLivingston County against the New York Senate and other state offices seeking an injunction against the Act.[105][106] 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."[107] On July 6, 2012, a five-judge panel of theAppellate Division ruled unanimously that no violation of the Open Meetings Law had occurred and dismissed the suit.[108] On August 6, 2012, Liberty Counsel appealed to theNew York Court of Appeals,[109] which declined to hear the appeal on October 23.[110]
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.