Marriage Equality Act
Encyclopedia
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. 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.
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.
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, but languished in the Senate during the November 10 special session. It was re-passed by the Assembly on December 2 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. David Paterson
, who also promoted the bill, introduced the bill on April 16.
, 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 constitutes the minority in the Senate, 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. James Alesi
became the first Republican senator to announce his support for the bill, and Roy McDonald
became the second on June 14, narrowing the requirement for passage to just one.
Democratic senator Rubén Díaz, Sr. was a vocal opponent of the legalization and resigned from the Minority Caucus to demonstrate his opposition to its position on the legislation. The majority of the Republican caucus in the Senate voiced opposition to any attempt and the Conservative Party of New York
stated that it will not endorse the reelection of any senator who votes in favor of legalization. On Friday, June 24, 2011, Republican Senator Andrew Lanza announced that he would vote against the bill.
The Assembly passed the legislation on June 15, 2011 by a majority of 80-63.
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 Human Rights Campaign
, New Yorkers for Marriage Equality, and the National Organization for Marriage
took part in the rallies.
As thousands of New York residents lobbied the Senators, 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. It passed with little debate. The Senate approved the amendments to the bill on a vote of 36-26.
In the final vote on the bill itself, both Thomas Duane
, co-sponsor of the Senate bill, and Diaz, opponent of the bill, spoke in defense of their positions. Republican senators Mark Grisanti
and Stephen Saland
joined Alesi and McDonald as the only Republicans supporting the legislation, while Diaz cast the only Democratic vote against the bill.
On June 24, 2011, the Senate
first voted to add the amendments to the legislation by a vote of 36-26 and then approved the legislation by a vote of 33-29. Governor Andrew Cuomo
signed the act into law at 11:55 pm that evening. The Act took effect on July 24, 2011.
and another in Granby
, resigned citing their moral and religious objections to signing marriage certificates for same-sex couplees. 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. The town clerk of Volney
said she will not sign marriage certificates for same-sex couples unless forced to do so. 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.
reported that 55% of New York adults support the legalization of same-sex marriage, and 63% don't want the law overturned.
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
against the New York Senate and other state offices seeking an injunction against the Act. The lawsuit alleges that:
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature. The Assembly is composed of 150 members representing an equal number of districts, with each district having an average population of 128,652...
by Assemblyman Daniel O'Donnell
Daniel O'Donnell (politician)
Daniel J. O'Donnell is a Democratic member of the New York State Assembly, representing the 69th district in Manhattan, made up of the neighborhoods of Manhattan Valley, Morningside Heights, and portions of the Upper West Side and West Harlem.In 2008 he was considered by New York Governor David...
. It was signed into law on June 24, 2011, and took effect on July 24, 2011.
Background
Before July 24, 2011, New York only allowed for recognition of legal same-sex marriages performed in other states of the union and countries where same-sex marriage is legal, such as CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
and Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, 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
California Proposition 8 (2008)
Proposition 8 was a ballot proposition and constitutional amendment passed in the November 2008 state elections...
), and also made the state the most populous in the union to do so.
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, but languished in the Republican-controlled Senate before dying and being returned to the Assembly. Then-governor Eliot SpitzerEliot Spitzer
Eliot Laurence Spitzer is an American lawyer, former Democratic Party politician, and political commentator. He was the co-host of In the Arena, a talk-show and punditry forum broadcast on CNN until CNN cancelled his show in July of 2011...
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, but languished in the Senate during the November 10 special session. It was re-passed by the Assembly on December 2 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. David Paterson
David Paterson
David Alexander Paterson is an American politician who served as the 55th Governor of New York, from 2008 to 2010. During his tenure he was the first governor of New York of African American heritage and also the second legally blind governor of any U.S. state after Bob C. Riley, who was Acting...
, who also promoted the bill, introduced the bill on April 16.
Enactment
Governor Andrew CuomoAndrew Cuomo
Andrew Mark Cuomo is the 56th and current Governor of New York, having assumed office on January 1, 2011. A member of the Democratic Party, he was the 64th New York State Attorney General, and was the 11th United States Secretary of Housing and Urban Development...
, 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 constitutes the minority in the Senate, also supported legalization of same-sex marriage.
Three Democratic senators who voted against the December 2009 bill, Shirley Huntley
Shirley Huntley
Shirley L. Huntley is a New York State Senator, first elected in 2006 to represent parts of Queens County, including Jamaica, South Jamaica, Springfield Gardens, Laurelton, South Ozone Park, Kew Gardens, Broad Channel, and Lindenwood. A Democrat, she defeated former Senator Ada Smith in the...
, Carl Kruger
Carl Kruger
Carl Kruger is an American politician, a Democrat who represents District 27 in the New York State Senate, which comprises Brighton Beach, Sheepshead Bay, Gravesend, Bergen Beach, Mill Basin, and Midwood, among other neighborhoods found within his native Brooklyn...
and Joseph Addabbo Jr., announced their support for the 2011 bill on June 13. James Alesi
James Alesi
James S. "Jim" Alesi is a New York State Senator, representing parts of Monroe County, and a member of the Republican Party.-Early life:Before entering office, Alesi ran a firm that operates washers and dryers in apartment complexes and colleges....
became the first Republican senator to announce his support for the bill, and Roy McDonald
Roy McDonald (politician)
Roy J. McDonald is a Republican politician and member of the New York State Senate, representing the 43rd district . Before being elected to the Senate on November 4, 2008, he had served in the New York State Assembly since 2002, representing the 112th District...
became the second on June 14, narrowing the requirement for passage to just one.
Democratic senator Rubén Díaz, Sr. was a vocal opponent of the legalization and resigned from the Minority Caucus to demonstrate his opposition to its position on the legislation. The majority of the Republican caucus in the Senate voiced opposition to any attempt and the Conservative Party of New York
Conservative Party of New York
The Conservative Party of New York State is an American political party active in the state of New York. It is not part of any nationwide party, nor is it affiliated with the American Conservative Party, which it predates by over 40 years....
stated that it will not endorse the reelection of any senator who votes in favor of legalization. On Friday, June 24, 2011, Republican Senator Andrew Lanza announced that he would vote against the bill.
The Assembly passed the legislation on June 15, 2011 by a majority of 80-63.
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 Human Rights Campaign
Human Rights Campaign
The Human Rights Campaign is the United States' largest LGBT advocacy group and lobbying organization; according to the HRC, it has more than one million members and supporters...
, New Yorkers for Marriage Equality, and the National Organization for Marriage
National Organization for Marriage
The National Organization for Marriage is a nonprofit political association established in 2007 to work against legalization of same-sex marriage in the United States, specifically to pass California Proposition 8 banning same-sex marriage in California...
took part in the rallies.
As thousands of New York residents lobbied the Senators, Senator Greg Ball
Gregory R. Ball
Gregory R. Ball is an American business executive, former active duty Air Force officer and member of the New York State Senate. He is a resident of Carmel, New York....
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
Dean Skelos
Dean G. Skelos is an American politician and the Republican Temporary President and Majority Leader of the New York State Senate. Skelos represents District 9 in the State Senate, which comprises the southwest region of Nassau County. He is the second Long Islander to hold the position of Majority...
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
Christopher Street (Manhattan)
Christopher Street is a street in the West Village neighborhood of the New York City borough of Manhattan. It is the continuation of 9th St. to the west of its intersection with 6th Ave. The Stonewall Inn is located on Christopher Street, and, therefore, the street was at the center of New York's...
in front of the Stonewall Inn
Stonewall Inn
The Stonewall Inn, often shortened to Stonewall is an American bar in New York City and the site of the Stonewall riots of 1969, which are widely considered to be the single most important event leading to the gay liberation movement and the modern fight for gay and lesbian rights in the United...
(the site of the 1969 Stonewall riots
Stonewall riots
The Stonewall riots were a series of spontaneous, violent demonstrations against a police raid that took place in the early morning hours of June 28, 1969, at the Stonewall Inn, in the Greenwich Village neighborhood of New York City...
and the origin of the first Gay Pride March) in Greenwich Village
Greenwich Village
Greenwich Village, , , , .in New York often simply called "the Village", is a largely residential neighborhood on the west side of Lower Manhattan in New York City. A large majority of the district is home to upper middle class families...
, 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. It passed with little debate. The Senate approved the amendments to the bill on a vote of 36-26.
In the final vote on the bill itself, both Thomas Duane
Thomas Duane
Thomas K. Duane is an American politician from New York, currently serving in the New York State Senate. He was the nation's first openly HIV-positive person elected to office....
, co-sponsor of the Senate bill, and Diaz, opponent of the bill, spoke in defense of their positions. Republican senators Mark Grisanti
Mark Grisanti
Mark John Grisanti is a lawyer and politician.On January 3, 2011, he assumed office as the Republican New York State Senator representing New York's 60th Senate District – which encompasses the areas of Buffalo, Tonawanda, Niagara Falls and Grand Island, New York – having won...
and Stephen Saland
Stephen Saland
Stephen M. Saland is an American attorney and politician. He is currently a Republican member of the New York State Senate, representing the 41st District since 1990...
joined Alesi and McDonald as the only Republicans supporting the legislation, while Diaz cast the only Democratic vote against the bill.
On June 24, 2011, the Senate
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
first voted to add the amendments to the legislation by a vote of 36-26 and then approved the legislation by a vote of 33-29. Governor Andrew Cuomo
Andrew Cuomo
Andrew Mark Cuomo is the 56th and current Governor of New York, having assumed office on January 1, 2011. A member of the Democratic Party, he was the 64th New York State Attorney General, and was the 11th United States Secretary of Housing and Urban Development...
signed the act into law at 11:55 pm that evening. The Act took effect on July 24, 2011.
Final Senate roll call
| Senator | Party | Vote on Amendments | Vote on Bill |
|---|---|---|---|
| Eric Adams Eric Adams (politician) Eric L. Adams is a Democratic State Senator in the New York Senate. He represents the 20th Senate District, which includes the Brooklyn neighborhoods of Flatbush, Crown Heights, Park Slope, Windsor Terrace and Prospect Heights.... |
Democratic | Aye | Aye |
| Joseph Addabbo, Jr. Joseph Addabbo, Jr. Joseph P. Addabbo Jr. is an American politician, a Democratic member of the New York State Senate from the 15th District representing Howard Beach, Ozone Park, Woodhaven, Glendale, Middle Village, Maspeth and parts of South Ozone Park, Ridgewood, Rego Park and Sunnyside... |
Democratic | Aye | Aye |
| James Alesi James Alesi James S. "Jim" Alesi is a New York State Senator, representing parts of Monroe County, and a member of the Republican Party.-Early life:Before entering office, Alesi ran a firm that operates washers and dryers in apartment complexes and colleges.... |
Republican | Aye | Aye |
| Tony Avella Tony Avella Tony Avella is an American politician and Democratic State Senator from the 11th New York Senate district. Avella was a member of the New York City Council from the borough of Queens from 2002 to 2009... |
Democratic | Aye | Aye |
| Greg Ball Gregory R. Ball Gregory R. Ball is an American business executive, former active duty Air Force officer and member of the New York State Senate. He is a resident of Carmel, New York.... |
Republican | No | No |
| John Bonacic John Bonacic John J. Bonacic is the Republican New York State Senator from the 42nd District... |
Republican | No | No |
| Neil Breslin Neil Breslin Neil Breslin is a member of the New York State Senate. A Democrat, he represents Albany, New York. His district follows the Albany County, New York boundaries exactly.... |
Democratic | Aye | Aye |
| David Carlucci David Carlucci David Carlucci is a member of the New York State Senate representing the 38th district, which includes all of Rockland County and parts of Orange County. He is an Independent Democrat.... |
Independent Democratic | Aye | Aye |
| John DeFrancisco John DeFrancisco John A. DeFrancisco represents District 50 in the New York State Senate, which comprises Skaneateles, Pompey, Van Buren, most of Onondaga County and portions of Syracuse, among other communities located in Upstate New York... |
Republican | No | No |
| Rubén Díaz, Sr. | Democratic | No | No |
| Martin Malave Dilan Martin Malave Dilan Martin Malave Dilan is a member of the New York State Senate representing the 17th Senatorial District. The 17th Senate District encompasses the North Brooklyn communities of Bushwick, Brooklyn, Williamsburg Brooklyn, Greenpoint, Brooklyn, Cypress Hills, Brooklyn, City-Line, East New York,... |
Democratic | Aye | Aye |
| Thomas Duane Thomas Duane Thomas K. Duane is an American politician from New York, currently serving in the New York State Senate. He was the nation's first openly HIV-positive person elected to office.... |
Democratic | Aye | Aye |
| Adriano Espaillat Adriano Espaillat Adriano Espaillat is currently a member of the New York State Senate and formerly of the New York State Assembly.Espaillat graduated from Bishop Dubois High School in 1974 and earned his B.S. degree in political science at Queens College in 1978... |
Democratic | Aye | Aye |
| Hugh Farley Hugh Farley -Early life:Prior to his service in the New York State Legislature, Hugh Farley served in the United States Army and was a high school teacher in Syracuse, New York and Maryland.... |
Republican | No | No |
| John J. Flanagan John J. Flanagan John J. Flanagan represents the 2nd District of the New York State Senate, which includes the entire Town of Smithtown and portions of both the Town of Brookhaven and the Town of Huntington, all located in Suffolk County, New York. Flanagan was first elected to the State Senate in 2002, after... |
Republican | No | No |
| Charles Fuschillo Charles Fuschillo Charles J. Fuschillo, Jr. is a Republican member of the New York State Senate from Long Island. Since 1998, he has represented the 8th State Senate district which spans several South Shore communities in both Nassau and Suffolk Counties... |
Republican | No | No |
| Patrick Gallivan Patrick Gallivan Patrick M. Gallivan is a member of the New York State Senate and the former Sheriff of Erie County, New York. Gallivan's district, the 59th, comprises portions of Erie County, the entirety of Wyoming County, the northern half of Livingston County and the majority of Ontario County.Gallivan was... |
Republican | No | No |
| Michael N. Gianaris Michael N. Gianaris Senator Michael Gianaris was elected to the State Senate in 2010 with over 81% of the vote after a decade of dedicated public service in the State Assembly... |
Democratic | Aye | Aye |
| Martin Golden Martin Golden Martin J. Golden is an American politician from Brooklyn, New York, one of the five boroughs of New York City. Currently a member of the New York State Senate, Golden is a former member of the New York City Council... |
Republican | No | No |
| Joseph Griffo Joseph Griffo Joseph A. “Joe” Griffo of Rome, New York is currently a New York State Senator representing the 47th district. The 47th district encompasses all of Lewis County, most of Oneida County, and St. Lawrence County.-Early life:... |
Republican | No | No |
| Mark Grisanti Mark Grisanti Mark John Grisanti is a lawyer and politician.On January 3, 2011, he assumed office as the Republican New York State Senator representing New York's 60th Senate District – which encompasses the areas of Buffalo, Tonawanda, Niagara Falls and Grand Island, New York – having won... |
Republican | Aye | Aye |
| Kemp Hannon Kemp Hannon J. Kemp Hannon is a member of the New York State Senate, from Nassau County. Sen. Hannon has represented the 6th District since 1989 which covers Levittown, Massapequa, Garden City, Uniondale, Hempstead, Farmingdale, Franklin Square, Old Bethpage, Salisbury, Garden City South, Plainview,... |
Republican | Aye | No |
| Ruth Hassell-Thompson Ruth Hassell-Thompson Ruth-Hassell Thompson of Mount Vernon, New York is a State Senator representing the 36th district of New York, which covers Morrisania, West Farms, Williamsbridge, Co-op City, Wakefield, Baychester, and Mount Vernon.-Political career and background:... |
Democratic | Aye | Aye |
| Shirley Huntley Shirley Huntley Shirley L. Huntley is a New York State Senator, first elected in 2006 to represent parts of Queens County, including Jamaica, South Jamaica, Springfield Gardens, Laurelton, South Ozone Park, Kew Gardens, Broad Channel, and Lindenwood. A Democrat, she defeated former Senator Ada Smith in the... |
Democratic | Aye | Aye |
| Owen H. Johnson Owen H. Johnson Owen H. Johnson is a Republican, New York State Senator representing the 4th State Senate district which includes mostly the Town of Babylon in south-west Suffolk County. He was first elected to the New York State Senate in 1972... |
Republican | No | No |
| Timothy M. Kennedy Timothy M. Kennedy (politician) Timothy M. Kennedy is an American politician from New York. He is currently a Democratic member of the New York State Senate, representing the 58th District since 2010... |
Democratic | Aye | Aye |
| Jeffrey Klein Jeffrey Klein Jeffrey David Klein is a New York State Senator representing parts of Bronx and Westchester Counties. He was elected to his first term in the Senate in 2004.... |
Independent Democratic | Aye | Aye |
| Liz Krueger Liz Krueger Liz Krueger is a member of the New York State Senate, representing a district on the East Side of Manhattan.She was first elected in February 2002 during a special election. Krueger is the ranking member on the Senate Finance Committee. She was Chairwoman of NY's Democratic Senate Campaign... |
Democratic | Aye | Aye |
| Carl Kruger Carl Kruger Carl Kruger is an American politician, a Democrat who represents District 27 in the New York State Senate, which comprises Brighton Beach, Sheepshead Bay, Gravesend, Bergen Beach, Mill Basin, and Midwood, among other neighborhoods found within his native Brooklyn... |
Democratic | Aye | Aye |
| Andrew Lanza | Republican | No | No |
| Bill Larkin Bill Larkin William J. "Bill" Larkin, Jr. is a member of the New York State Senate, for the 39th district first elected in 1990. He is a Republican.-Sources:*... |
Republican | No | No |
| Kenneth LaValle Kenneth LaValle Kenneth P. LaValle represents District 1 in the New York State Senate, which comprises the five East End towns of Long Island, New York, and the eastern half of the Town of Brookhaven, New York. First elected in 1976, he is the chair of the Higher Education Committee in the State Senate... |
Republican | No | No |
| Thomas W. Libous Thomas W. Libous Thomas W. "Tom" Libous is the New York State Senator representing the 52nd district which includes Broome County, Tioga County and parts of Chenago County. He is a member of the Republican Party but is also endorsed by the Conservative and Independence Parties. He is currently Deputy Majority... |
Republican | No | No |
| Betty Little | Republican | No | No |
| Carl Marcellino Carl Marcellino Carl L. Marcellino is a member of the New York State Senate. He represents the 5th Senate District which comprises parts of Nassau and Suffolk Counties in Long Island. Marcellino is a Republican who was first elected to the Senate in a special election in March 1995, following the resignation of... |
Republican | Aye | No |
| Jack Martins Jack Martins Jack M. Martins is a Republican member of the New York State Senate, representing the 7th district located in Nassau County, New York.-Early life and education:... |
Republican | No | No |
| George D. Maziarz George D. Maziarz George D. Maziarz is a Republican politician from New York State. He currently represents the 62nd District in the New York State Senate, which includes Niagara County , all of Orleans County, and the western portion of Monroe County.-Biography:Maziarz is a native of North Tonawanda, New York,... |
Republican | No | No |
| Roy McDonald Roy McDonald (politician) Roy J. McDonald is a Republican politician and member of the New York State Senate, representing the 43rd district . Before being elected to the Senate on November 4, 2008, he had served in the New York State Assembly since 2002, representing the 112th District... |
Republican | Aye | Aye |
| Velmanette Montgomery Velmanette Montgomery Velmanette Montgomery represents District 18 in the New York State Senate, which comprises Fort Greene, Boerum Hill, Red Hook, Bedford-Stuyvesant, Sunset Park, Gowanus, and Park Slope, among other neighborhoods located within the borough of Brooklyn.Elected in 1984, Senator Montgomery is the Chair... |
Democratic | Aye | Aye |
| Michael Nozzolio Michael Nozzolio Michael F. Nozzolio is a New York State Senator for the 54th district. He is a Republican. He was first elected in 1992. The 54th district includes parts of the city of Auburn, New York, Geneva, New York, and part or all of the following counties, Wayne County, Ontario County, Cayuga County,... |
Republican | No | No |
| Tom O'Mara Tom O'Mara Thomas F. "Tom" O'Mara is a Republican member of the New York State Senate, representing the 53rd senate district, which includes all of Chemung, Schuyler, Steuben and Yates counties, and a portion of Tompkins County .O'Mara was raised in Horseheads, New York. He holds a B.A... |
Republican | No | No |
| Suzi Oppenheimer | Democratic | Aye | Aye |
| Kevin Parker | Democratic | Aye | Aye |
| Jose Peralta Jose Peralta José Rafael Peralta represents District 13 in the New York State Senate, which includes the Queens neighborhoods of Corona, East Elmhurst, Elmhurst, Jackson Heights and Woodside... |
Democratic | Aye | Aye |
| Bill Perkins Bill Perkins (politician) Bill Perkins is an American Democratic Party politician who represents the 30th District in the New York State Senate, having been first elected in November 2006. The district is part of Manhattan and encompasses Harlem, the Upper West Side and Washington Heights... |
Democratic | Aye | Aye |
| Michael Ranzenhofer | Republican | No | No |
| Patty Ritchie Patty Ritchie -External links:*... |
Republican | No | No |
| Gustavo Rivera Gustavo Rivera Gustavo Rivera is a New York State Senator representing the Bronx's 33rd Senate District, covering the neighborhoods of Norwood, Van Cortlandt Village, Kingsbridge Heights, Bedford Park, Kingsbridge, Fordham, University Heights, Tremont, and East Tremont.He received a B.A. in political science... |
Democratic | Aye | Aye |
| Joseph Robach Joseph Robach Joseph Robach is a member of the New York State Senate, representing the 56th district as a Republican. Robach previously served in the New York State Assembly as a Democrat. As an Assemblyman, Robach often had the support of the New York State Conservative Party... |
Republican | No | No |
| Stephen Saland Stephen Saland Stephen M. Saland is an American attorney and politician. He is currently a Republican member of the New York State Senate, representing the 41st District since 1990... |
Republican | Aye | Aye |
| John Sampson John L. Sampson John L. Sampson represents District 19 in the New York State Senate, which comprises Crown Heights, East Flatbush, as well as portions of Brownsville, Canarsie and Spring Creek Towers.... |
Democratic | Aye | Aye |
| Diane Savino Diane Savino Diane Savino is a Democratic elected official from New York City, USA.She currently represents the 23rd Senate District in the New York State Senate, in northern Staten Island and parts of southern Brooklyn, including Sunset Park and Coney Island. She was elected in 2004.On December 2, 2009, Savino... |
Independent Democratic | Aye | Aye |
| José M. Serrano Jose M. Serrano José Marco Serrano, son of the long-time US Representative by the same name, is a member of the New York State Senate, representing Mott Haven, Melrose, Highbridge, Morris Heights, Spanish Harlem, Yorkville and Roosevelt Island. He is the son of U.S. Congressman José Serrano.A lifelong South Bronx... |
Democratic | Aye | Aye |
| James Seward James L. Seward (New York) James L. Seward is a Republican New York State Senator since 1987. Seward was first elected to represent the 50th District in 1986, and due to redistricting, is currently representing the 51st District... |
Republican | No | No |
| Dean Skelos Dean Skelos Dean G. Skelos is an American politician and the Republican Temporary President and Majority Leader of the New York State Senate. Skelos represents District 9 in the State Senate, which comprises the southwest region of Nassau County. He is the second Long Islander to hold the position of Majority... |
Republican | Aye | No |
| Malcolm Smith | Democratic | Aye | Aye |
| Daniel Squadron | Democratic | Aye | Aye |
| Toby Ann Stavisky Toby Ann Stavisky Toby Ann Stavisky represents the in the New York State Senate which comprises the Queens neighborhoods of Bay Terrace, Bayside, Beechhurst, Clearview Gardens, Flushing, Rego Park, Forest Hills, Hillcrest, Elmhurst, Electchester, Pomonok, Queensboro Hill, Whitestone, Woodside, Mitchell Linden,... |
Democratic | Aye | Aye |
| Andrea Stewart-Cousins Andrea Stewart-Cousins Andrea Stewart-Cousins is a New York State Senator for the 35th district representing Ardsley, Dobbs Ferry, Elmsford, Greenburgh, Hastings-on-Hudson, Irvington, Mount Pleasant, Pleasantville, Sleepy Hollow, Tarrytown, and Yonkers.... |
Democratic | Aye | Aye |
| David Valesky David Valesky David J. Valesky is a member of the New York State Senate and the Vice President Pro Tempore of the State Senate.He is a Democrat representing the mostly rural 49th Senate District, which encompasses the city of Rome in Oneida County, all of Madison County, eastern and southern Onondaga County,... |
Independent Democratic | Aye | Aye |
| Catharine Young Catharine Young Catharine M. "Cathy" Young is an American legislator on the state level who, as a member of the Republican Party, has represented New York's 149th State Assembly district from 1999 to 2005 and, since May 2005, the 57th State Senate district, which includes all of Chautauqua County, Cattaraugus... |
Republican | No | No |
| Lee Zeldin Lee Zeldin Lee M. Zeldin is a Republican member of the New York State Senate, representing the 3rd district.Zeldin was raised in Shirley, New York, and graduated from William Floyd High School in 1998. He received a B.A... |
Republican | No | No |
Organizations
- PFLAG issued a statement applauding the Senate for passage. Jody Huckaby, Executive Director of PFLAG, said "This step towards equal civil rights – in one of the largest states in our nation – affirms recent polls that most Americans are now in favor of marriage equality for our LGBT loved ones. PFLAG mothers and fathers all over the state of New York will be celebrating with their sons and daughters, who can now legally marry the people they love in their hometowns. "
- Human Rights CampaignHuman Rights CampaignThe Human Rights Campaign is the United States' largest LGBT advocacy group and lobbying organization; according to the HRC, it has more than one million members and supporters...
president Joe SolmoneseJoe SolmoneseJoe Solmonese is president of the Human Rights Campaign of the United States and its affiliate the Human Rights Campaign Foundation. He was appointed to this position on March 9, 2005. A native of Attleboro, Massachusetts, Solmonese lives in Washington, D.C...
said "History was made today in New York. This victory sends a message that marriage equality across the country will be a reality very soon. " - Freedom to MarryFreedom to MarryFreedom to Marry is a non-profit organization leading the campaign for same-sex marriages to be recognized nationwide in the United States of America...
's Evan WolfsonEvan WolfsonEvan Wolfson is an American civil rights attorney and advocate. He is founder and executive director of Freedom to Marry, a group favoring same-sex marriage in the United States...
, said “With the freedom to marry in New York, the nationwide majority for marriage will swell, as even more people get to see why marriage matters to same-sex couples, that gay couples, like non-gay, treasure the chance to affirm and strengthen their commitment, and that ending marriage discrimination helps families and hurts no one” - National Organization for MarriageNational Organization for MarriageThe National Organization for Marriage is a nonprofit political association established in 2007 to work against legalization of same-sex marriage in the United States, specifically to pass California Proposition 8 banning same-sex marriage in California...
posted to Twitter that “Marriage loses 33-29 in New York. Sad day for the state and the country. But the fight has just begun.” NOM later pledged to spend $2 million in the 2012 elections to defeat the four Republicans (James AlesiJames AlesiJames S. "Jim" Alesi is a New York State Senator, representing parts of Monroe County, and a member of the Republican Party.-Early life:Before entering office, Alesi ran a firm that operates washers and dryers in apartment complexes and colleges....
, Mark GrisantiMark GrisantiMark John Grisanti is a lawyer and politician.On January 3, 2011, he assumed office as the Republican New York State Senator representing New York's 60th Senate District – which encompasses the areas of Buffalo, Tonawanda, Niagara Falls and Grand Island, New York – having won...
, Roy McDonaldRoy McDonald (politician)Roy J. McDonald is a Republican politician and member of the New York State Senate, representing the 43rd district . Before being elected to the Senate on November 4, 2008, he had served in the New York State Assembly since 2002, representing the 112th District...
, and Stephen SalandStephen SalandStephen M. Saland is an American attorney and politician. He is currently a Republican member of the New York State Senate, representing the 41st District since 1990...
) who voted for the bill and three Democrats (Joseph Addabbo, Shirley HuntleyShirley HuntleyShirley L. Huntley is a New York State Senator, first elected in 2006 to represent parts of Queens County, including Jamaica, South Jamaica, Springfield Gardens, Laurelton, South Ozone Park, Kew Gardens, Broad Channel, and Lindenwood. A Democrat, she defeated former Senator Ada Smith in the...
, and Carl KrugerCarl KrugerCarl Kruger is an American politician, a Democrat who represents District 27 in the New York State Senate, which comprises Brighton Beach, Sheepshead Bay, Gravesend, Bergen Beach, Mill Basin, and Midwood, among other neighborhoods found within his native Brooklyn...
) who previously stated opposition to same-sex marriage but voted for the bill. - The Conservative Party of New YorkConservative Party of New YorkThe Conservative Party of New York State is an American political party active in the state of New York. It is not part of any nationwide party, nor is it affiliated with the American Conservative Party, which it predates by over 40 years....
said it would withdraw support for any candidate who voted for the bill.
Religious and moral institutions
- The New York State Catholic Conference, led by Archbishop Timothy DolanTimothy DolanTimothy Michael Dolan is an American prelate of the Catholic Church. He is the tenth and current Archbishop of New York, having previously served as Archbishop of Milwaukee and Auxiliary Bishop of St. Louis ....
, stated to NBC News that it was "deeply disappointed and troubled" and that it will "alter radically and forever humanity's historic understanding of marriage. " - Peter MoralesPeter MoralesPeter Morales is the president of the Unitarian Universalist Association, elected in 2009. He is their first Hispanic president. He was formerly the senior minister of the Jefferson Unitarian Church in Jefferson County, Colorado, a rapidly growing Unitarian Universalist congregation in the...
, President of the Unitarian Universalist Association of CongregationsUnitarian Universalist AssociationUnitarian Universalist Association , in full the Unitarian Universalist Association of Congregations in North America, is a liberal religious association of Unitarian Universalist congregations formed by the consolidation in 1961 of the American Unitarian Association and the Universalist Church of...
, said that "Today we celebrate this victory. Unitarian Universalists are committed to standing on the side of love until the freedom to marry is the right of all Americans."
Politicians
- Governor Andrew CuomoAndrew CuomoAndrew Mark Cuomo is the 56th and current Governor of New York, having assumed office on January 1, 2011. A member of the Democratic Party, he was the 64th New York State Attorney General, and was the 11th United States Secretary of Housing and Urban Development...
, who sponsored the bill and signed it into law, said that “New York has finally torn down the barrier that has prevented same-sex couples from exercising the freedom to marry and from receiving the fundamental protections that so many couples and families take for granted.” He also said that “With the world watching, the Legislature, by a bipartisan vote, has said that all New Yorkers are equal under the law.” - Mayor of New York City Michael BloombergMichael BloombergMichael Rubens Bloomberg is the current Mayor of New York City. With a net worth of $19.5 billion in 2011, he is also the 12th-richest person in the United States...
, whose in-progress news conference was interrupted by City Council Speaker Christine Quinn who announced the passage of the bill, called the passage "a historic triumph for equality and freedom." He also said that he would support the Republicans who voted in favor of the bill in the next legislative election. - Christine Quinn stated that "This is a monumental occasion for myself, my family, and the LGBT community. No longer will families in New York have to worry about medical decision-making authority, inheritance rights, presumption of parenthood among many other rights and responsibilities. Today true equality is closer than ever."
- White House spokesperson Shin Inouye told the Washington Blade by e-mail that “The president has long believed that gay and lesbian couples deserve the same rights and legal protections as straight couples.” He further stated “That’s why he has called for repeal of the so-called ‘Defense of Marriage Act’ and determined that his administration would no longer defend the constitutionality of DOMA in the courts. The states should determine for themselves how best to uphold the rights of their own citizens. The process in New York worked just as it should.” On June 23, incumbent President Barack ObamaBarack ObamaBarack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
delivered a speech at the Human Rights Campaign's annual gala in which he did not take an explicit position on marriage equality, but instead iterated that New York was “doing exactly what democracies are supposed to do,” insisting that the decision should be left to state governments. - U.S. junior Senator for New York Kirsten GillibrandKirsten GillibrandKirsten Elizabeth Rutnik Gillibrand is an attorney and the junior United States Senator from the state of New York and a member of the Democratic Party...
stated that "New York has always led the way for equal rights – from leading the suffrage movement, to Abraham Lincoln’s remarkable speech opposing slavery at Cooper Union, and we have done it again." - U.S. senior Senator from New York Chuck Schumer posted to Twitter "Congrats to New York for once again championing equality."
- U.S. Congressmember Xavier BecerraXavier BecerraXavier Becerra is the U.S. Representative for , serving since 2003. He is a member of the Democratic Party. The district is based in Los Angeles.-Early life, education and career:...
stated "New Yorkers have justly reminded America of what it means to establish a ‘more perfect union’". - Congressmember Jerrold NadlerJerrold NadlerJerrold Lewis "Jerry" Nadler is the U.S. Representative for , serving since 1992. He is a member of the Democratic Party.The district includes the west side of Manhattan from the Upper West Side down to Battery Park, including the site where the World Trade Center stood...
stated that "Now more than ever, we must pass the Respect for Marriage ActRespect for Marriage ActThe Respect for Marriage Act, or RFMA , is a proposed bill in the United States Congress that would repeal the Defense of Marriage Act and allow the U.S. federal government to provide benefits to couples in a same-sex marriage; the bill would not compel individual states to recognize same-sex...
, my legislation to repeal the discriminatory DOMA, and allow New Yorkers and others who are - or will be - legally married to take part in the full measure of protections and obligations of federal law. Just last night in New York City, President Obama reiterated his belief that DOMADefense of Marriage ActThe Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
violates our Constitution and must be repealed." - California Lieutenant Governor and former San Francisco mayor Gavin NewsomGavin NewsomGavin Christopher Newsom is an American politician who is the 49th and current Lieutenant Governor of California. Previously, he was the 42nd Mayor of San Francisco, and was elected in 2003 to succeed Willie Brown, becoming San Francisco's youngest mayor in 100 years. Newsom was re-elected in 2007...
said "Thank you to NY State Legislature & Governor Cuomo for recognizing that marriage is more than a word: it's about dignity & equality." - Former New York governor and state senator David PatersonDavid PatersonDavid Alexander Paterson is an American politician who served as the 55th Governor of New York, from 2008 to 2010. During his tenure he was the first governor of New York of African American heritage and also the second legally blind governor of any U.S. state after Bob C. Riley, who was Acting...
praised the vote, saying "Tonight, I am ecstatic, I am elated, and I am proud to be a New Yorker." He also reciprocated accolades offered to him by Cuomo and referred to his own 2008 directive to recognize out-of-state marriages. - Openly-gay candidate for 2012 Republican presidential nomination Fred KargerFred KargerFred S. Karger is an American political consultant, gay rights activist and watchdog, former actor, and candidate for the Republican nomination for the 2012 US Presidential election...
stated "Congratulations New York for leading the way. You sent a powerful message to the world. We are all equal!"
Town clerk resignations
Two town clerks, one in BarkerBarker, Broome County, New York
----Barker is a town in Broome County, New York, USA. The population was 2,738 at the 2000 census. The town is named after John Barker, an early settler...
and another in Granby
Granby, New York
Granby is a town in Oswego County, New York, United States. The population was 7,009 at the 2000 census.The Town of Granby is in the southwest corner of the county.- History :The town was first settled around 1792....
, resigned citing their moral and religious objections to signing marriage certificates for same-sex couplees. For the same reason, a clerk in Guilderland
Guilderland, New York
Guilderland is a town in Albany County, New York, United States. In the 2010 census, the town had a population of 35,303. The town is named for the Gelderland province in the Netherlands....
announced she would continue in her position but would no longer officiate at any weddings, allowing another official to do so in her stead. The town clerk of Volney
Volney, New York
Volney is a town in Oswego County, New York, United States. The population was 6,094 at the 2000 census. The town was named after a French author who toured the area in 1808.The Town of Volney is centrally located in the county.- History :...
said she will not sign marriage certificates for same-sex couples unless forced to do so. Kathleen Rice
Kathleen Rice
Kathleen Maura Rice is the current Nassau County District Attorney. In November 2005, Rice defeated 31-year-incumbent Denis E. Dillon to become the first female district attorney of Nassau.-Early life and education:...
, the district attorney for Nassau County
Nassau County, New York
Nassau County is a suburban county on Long Island, east of New York City in the U.S. state of New York, within the New York Metropolitan Area. As of the 2010 census, the population was 1,339,532...
, 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.
Media personalities
- Musician and New York native Lady GagaLady GaGaStefani Joanne Angelina Germanotta , better known by her stage name Lady Gaga, is an American singer and songwriter. Born and raised in New York City, she primarily studied at the Convent of the Sacred Heart and briefly attended New York University's Tisch School of the Arts before withdrawing to...
, who had personally lobbied senators and had urged fans of her music to call or write their senators, stated on TwitterTwitterTwitter is an online social networking and microblogging service that enables its users to send and read text-based posts of up to 140 characters, informally known as "tweets".Twitter was created in March 2006 by Jack Dorsey and launched that July...
that "The revolution is ours to fight for love, justice+equality. Rejoice NY, and propose. We did it!!!" - Wendy Williams posted to Twitter "Yay for Gay Marriage! NY, it's about time... jersey we're next! How you doin?"
- Cyndi LauperCyndi LauperCynthia Ann Stephanie "Cyndi" Lauper is an American singer, songwriter, actress and LGBT rights activist. She achieved success in the mid-1980s with the release of the album She's So Unusual and became the first female singer to have four top-five singles released from one album...
stated that "I have never be[sic] prouder to be a lifelong New Yorker than I am today with the passage of marriage equality. " - Country music singer Blake SheltonBlake SheltonBlake Tollison Shelton is an American country music artist. In 2001, he made his debut with the single "Austin". Released as the lead-off single from his self-titled debut album, "Austin" went on to spend five weeks at Number One on the Billboard Hot Country Songs charts...
, previously the subject of a controversial misunderstanding on a comment about sexual advances by gay men, responded to a Twitter follower's question if Shelton was "happy gays can get married in new york now?” with the response, "Yes.. I'm very gay about it!!" - Star TrekStar Trek: The Original SeriesStar Trek is an American science fiction television series created by Gene Roddenberry, produced by Desilu Productions . Star Trek was telecast on NBC from September 8, 1966, through June 3, 1969...
actor and California resident George TakeiGeorge TakeiGeorge Hosato Takei Altman is an American actor, author, social activist and former civil politician. He is best known for his role in the television series Star Trek and its film spinoffs, in which he played Hikaru Sulu, helmsman of the...
, who, with his husband Brad Altman, owns an apartment in New York City, said that "good waves coming from New York is going to make a profound influence on our situation here." Takei and Altman are among 18,000 same-sex couples who were married in California during the 2008 window period prior to the passage of Proposition 8California Proposition 8 (2008)Proposition 8 was a ballot proposition and constitutional amendment passed in the November 2008 state elections...
by referendum. - At the 2011 BET AwardsBET AwardsThe BET Awards were established in 2001 by the Black Entertainment Television network to celebrate African Americans and other minorities in music, acting, sports, and other fields of entertainment over the past year. The awards are presented annually and broadcast live on BET...
, Kerry WashingtonKerry WashingtonKerry Washington is an American actress. She is known for her roles as Ray Charles's wife, Della Bea Robinson, in the film Ray , as Idi Amin's wife Kay in The Last King of Scotland, and as Alicia Masters, love interest of Ben Grimm, The Thing, in the live-action Fantastic Four films of 2005 and 2007...
compared the situation to earlier prohibitions on interracial marriageInterracial marriageInterracial marriage occurs when two people of differing racial groups marry. This is a form of exogamy and can be seen in the broader context of miscegenation .-Legality of interracial marriage:In the Western world certain jurisdictions have had regulations...
, saying "we have to be very careful about legislating love in this country. If we say that people of a certain sexual orientation can't be married, we might go back to saying that people of different races can't be married. And we can't afford to do that."
Polling on same-sex marriage
Following the passage of the Marriage Equality Act, a Marist PollMarist Poll
- MIPO :The "MIPO" is a national public opinion poll at Marist College in Poughkeepsie, New York. The poll is operated by the Marist Institute for Public Opinion. The poll, founded in 1978, was one of the first college-based public opinion poll in the United States....
reported that 55% of New York adults support the legalization of same-sex marriage, and 63% don't want the law overturned.
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.On July 25, 2011, the organization New Yorkers for Constitutional Freedoms
New Yorkers for Constitutional Freedoms
New Yorkers for Constitutional Freedoms is a non-profit Christian conservative political advocacy group focused on New York. NYCF "exists to influence legislation and legislators for the Lord Jesus Christ." It was founded in 1982 by "a small group of pastors were concerned about religious liberties...
, along with the Liberty Counsel
Liberty Counsel
Liberty Counsel is a non-profit public interest law firm and ministry that provides free legal assistance in defense of "Christian religious liberty, the sanctity of human life, and the traditional family." Liberty Counsel is headed by attorney Mathew D. Staver, who founded the legal ministry with...
, filed a lawsuit in the New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
against the New York Senate and other state offices seeking an injunction against the Act. The lawsuit alleges that:
- Bloomberg held a closed-door meeting with all of New York's Republican senators in violation of New York's open meetings law.
- Bloomberg promised to make large campaign contributions to any Republican senator who voted for the Act.
- Cuomo waived the constitutionally mandated three-day review period before a vote without justification.
- Lobbyists and the public were denied access to the Senate lobby and to members of the legislature.
- Senate voting procedures were suspended to prevent senators opposed to the bill from speaking.
- Senators failed to follow Senate procedures that require that bills be sent to appropriate committees before consideration by the full Senate.
External links
- Text of the bill
- Same-sex marriage licenses - Office of the City Clerk of New York City
- New Yorkers for Constitutional Freedoms legal complaint