When Governor Andrew Cuomo signed New York's same-sex marriage law into existence last summer, the state became the largest in the U.S. to formally recognize marriage between gay or lesbian couples. Final legislative approval came despite a close vote in the state senate, as well as changes of heart from some like Sen. Mark Grisanti, who said he could not "deny a person, a human being, a taxpayer, a worker, the people of my district and across this state . . . the same rights that I have with my wife."
While New York same-sex couples had been able to attain some of the benefits of marriage under domestic partnership agreements, the achievement of full equality under the law is a sign of progress in family law. As same-sex couples from New York City and around the country assert their rights to matrimony under state law, they are also well advised to consider the legal protections afforded by prenuptial and postnuptial agreements.
New York's Marriage Equality Act makes it the sixth state (plus the District of Columbia) to recognize gay marriage. The law is notable for not having residency restrictions, which has made NYC a popular destination for couples from other states that have yet to honor their rights to formalize a loving relationship.
Other States' Recognition of Gay Marriage and Related Family Law Rights
The slow road to marriage equality has sped up considerably in the past decade. In addition to New York, the following jurisdictions currently allow gay and lesbian couples to marry on the same basis as other couples:
· Massachusetts became the first state to issue marriage licenses to same-sex couples in 2004 after the Supreme Judicial Court of Massachusetts held that it was unconstitutional to only allow heterosexual couples to marry.
· Connecticut authorized marriages between same-sex couples after a challenge to its civil unions law was upheld by the Supreme Court of Connecticut in 2008 based on equal protection rights.
· Iowa recognized gay marriage after the Iowa Supreme Court upheld a district court decision, holding that no important governmental interest was served by denying marriage licenses based on citizens' sexual orientation.
· Vermont, which had been the first state to recognize civil unions in 2000, provided full marital rights to gays and lesbians in 2009 when the state legislature overrode the governor's veto of the same-sex marriage bill they had passed earlier that year.
· New Hampshire legalized gay marriage in 2010 when legislators approved a bill that built upon the civil-unions law that was enacted in 2007.
· Washington, D.C., began issuing marriage licenses to same-sex couples in 2010, nearly twenty years after the city had first recognized registered domestic partnerships.
Public opposition has been strong in some jurisdictions. Maine lawmakers, for instance, passed a gay marriage law before it was repealed by public referendum. However, some same-sex partnership rights are still recognized in that state, as well as to varying degrees in New Jersey, Rhode Island, Maryland, Nevada, Wisconsin, Illinois, California, Colorado, Delaware, Hawaii, Oregon, and Washington.
Understanding the Full Implications of New York's Marriage Equality Act
Now that gay and lesbian couples in New York have access to the full legal protections of marriage, they are also protected by the legal process in cases of divorce. The full impact of a divorce and the serious financial and personal implications of the end of a relationship is a topic best discussed with a New York divorce lawyer.
This means everything from child custody or relocation issues following a same-sex adoption or child newly born into a same-sex marriage, to the need for spousal maintenance and complex assessments of marital property division. Getting married in New York state comes with both rewards and responsibilities, and a family law attorney can assess all potential issues, including the need to seek protection from an abusive spouse due to domestic violence.
Same-sex marriage in New York took decades of work by activists who value equality. By the same token, every spouse - gay or straight - must recognize the importance of taking a strong stand for their future interests when a marriage ends. The same advice remains relevant for gay, lesbian or unwed opposite sex couples who have previously entered into domestic partnership agreements in New York.
