Is gay marriage explicitly prohibited in new york state?

[LordJFT]

Can someone that knows the marriage laws well help me out here?

[GodlessBiker]

1. You cannot get married in NY, but if you get married somewhere where it is

legal, NY will recognize it as a valid marriage.

[ruggerson]

2. If I remember correctly

A suit was brought against the state, which made its way all the way to the SC of the State of NY. The justices there decided that banning same sex marriage was not explicitly unconstitutional under the NY constitution, and neither was permitting it. So they essentially threw the whole thing back at the legislature and told them it was up to them to craft a marriage equality bill and send it to the governor for his/her signature.

I'm sure I"m off on some of this, and hopefully someone will correct me, but I think that was the gist of it.

[brooklynite]

3. The Courts have ruled that State Law does not allow the issuance of marriage licences

to Gay couples in NYS. However Governor Paterson has directed that state agencies must recognize as valid any Marriage License issued by another State.

[LawSchoolLiberal]

4. There have been two decisions.

First, as an aside, the court system in the state of New York: the county courts are Supreme Courts, the next level up are the 4 Appellate Divisions, identified by "Departments," and the highest court is the Court of Appeals. As one of the other posters noted, the Court of Appeals handed down a ruling last year, stating that there was no constitutional right to gay marriage, but also that there was nothing banning it, and that it would be up to the legislature to pass a bill granting the right to marry if there was support for it. It was not a unanimous decision; two Justices, including the Chief Justice, dissented.

A second relevant case was decided in the Appellate Division, 4th Department (the court located in Rochester, NY and covering the western part of the state) in late February or early March. A lesbian couple from the Rochester area (as I recall) had gone to Canada, which of course recognizes gay marriages, and been married. Upon returning, they sought to have the marriage recognized by local officials. The officials opted not to recognize the marriage, so the couple took them to court. The Supreme (i.e. county) Court ruled in favor of the officials, so the couple appealed the decision. The 4th Department found that, based on current law regarding marriages performed outside the state, the state would have to recognize gay marriages performed elsewhere. That decision was appealed, but, last month, the Court of Appeals declined to hear the case without comment, meaning that the ruling stands as decided law. After that ruling, Governor Patterson basically instructed all state officials to begin recognizing gay marriages performed outside of the state, and granting them the associated benefits.

[ruggerson]

5. Thanks for the info

[LordJFT]

6. yes, thank you! the info is much appreciated

[jumptheshadow]

7. The State Senate

The state assembly has passed gay marriage but the Republican-run senate will not introduce it to the floor. Republican control of the Senate is shaky, however, and hopefully the Dems will win enough seats someday soon to take the Senate and pass the bill.

[NewYorker83]

9. I believe...

we are within 1 or 2 seats of taking over the entire state government.... Nov. 4th could be the end of republican rule in the great state of NY :-) In a special election in the north country, way north, a liberal, gay marriage backing, democrat, beat a republican... First time the seat fell to opposition hands ever I believe.... Hopefully this is showing a turn in all of NY'ers...

[galledgoblin]

8. new ESPA resource page

http://www.prideagenda.org/tabid/360/Default.aspx

[NewYorker83]

10. Actually this is rather funky....

grrr i should have fully read the article I was going to post.... But did NY ever pass a defense of marriage act?