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Governor’s Program Bill
A.8354 O’Donnell
An act to amend the domestic relations law, in relation to the ability to marry
Overview
The proposed legislation seeks to establish marriage as a fundamental human right and allow for same-sex and different-sex couples to receive equal treatment under law regarding the ability to marry. If enacted (1) a marriage that is deemed valid in other aspects besides sex of the couple will become valid regardless of the sex of the couple (2) There will be equal treatment of all married couple regardless of whether it is a same-sex or a different sex couple (3) No application for a marriage license could be denied based on the sex of the parties applying, whether they are same-sex or different sex (4) In order to protect religious freedom, this bill provides religious organizations with the discretion to choose who to provide services to in accordance with their beliefs and protects such organizations from litigation. It also provides that no clergyman is required to solemnize a marriage, be it a same or different sex marriage, and protects them from litigation (5) States that any legal provisions relating to civil marriage in any other laws not amended by this bill would here forward be meant to include same-sex and different sex couples (6) All gender specific language in NYS laws would be interpreted as gender neutral.
Status
Became a law June 24, 2011, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present (Chap: 95).” Read Gov. Cuomo press release.
NASW-NYS Position
NASW is in support of this bill and has issued a Memorandum in Support.
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