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MEMORANDUM IN OPPOSITION
ON THE DEFENSE OF MARRIAGE ACT

S.2056 Sen. Maltese/A.4097 Asm. Seminerio

The New York State Chapter of the National Association of Social Workers strongly opposes S.2056/A.4097.  This legislation would make a marriage absolutely void if contracted by two persons of the same-sex and would not recognize same-sex marriages performed in other states.

The NASW Code of Ethics states, "Social workers should promote policies and practices that demonstrate respect for difference, support the expansion of cultural competence, and promote policies that safeguard the rights of and confirm equity and social justice for all people."

Same-sex couples should be entitled to the same legal protections, rights and responsibilities that heterosexual couples acquire when they marry.  There are more than 1,000 federal and more than 700 state protections and responsibilities denied to gay, lesbian, bisexual, and transgender families because the law does not recognize these relationships.  For example, same-sex couples do not have rights like family health coverage, child custody and medical and bereavement leave; same-sex couples cannot file joint tax returns and enjoy income and estate tax benefits; LGBT persons cannot assume pension or social security benefits in the event of the death of a same-sex partner; and LGBT persons do not have the automatic ability to make medical decisions for an incapacitated spouse.

The NASW Social Work Speaks states, "It is the position of NASW that same-gender sexual orientation should be afforded the same respect and rights as other-gender orientation."  It further states, "Discriminatory statutes, policies, and actions that diminish the quality of life for lesbian, gay, and bisexual people and force many to live their lives in secrecy should be prevented and eliminated."

The New York State Chapter of the National Association of Social Workers strongly urges the Legislature to oppose this legislation and work towards the elimination of discriminatory practices.