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Marriage Equality for Same Sex Marriages

1. Background

Married couples receive more than 1,100 legal protections; benefits and responsibilities from the federal government and more than 1.300 from New York State. Same-sex couples in committed relationships are denied access to fundamental protections such as medical decision-making authority, inheritance rights, tax rights (especially regarding the transfer of property), the right to make burial decisions, the ability to adopt as a couple, divorce protections, the presumption of parenthood, and access to Family Court orders of protection from domestic violence that are provided for heterosexual married couples. Recognition by the State of New York of the right of same sex couples to marry would have a major impact on their lives.

Recognition of same-sex couples to marry would have no effect on religious marriage. Any clergy who chooses not to marry same-sex couples would continue to be free to refuse. It would, however, allow couples to enter into a legal marriage distinct from a religious marriage.

Modern American history has seen dramatic changes in rights to marry. Prior to 1967, many states banned interracial marriage. However, this move toward liberalization hit a roadblock in 1996 with the federal Defense of Marriage Act (DOMA), which restricted access to federal benefits to marriages between one man and one woman. Since that time, forty-five states have passed state Constitutional Amendments or state-level DOMAs that define marriage for state purposes to exclude same-sex couples. New York is one of only five states (along with the District of Columbia) without such a law explicitly barring state recognition of marriages by same-sex couples.

2. Status and Legislative Summary

In July 2006, New York’s highest court, the Court of Appeals, found that New York’s Constitution did not require that marriage be made available to same-sex couples. The court said it was up to the New York State legislature to pass a law allowing same-sex couples to marry.

In the 2007 legislative session, the NYS Assembly passed Governor Spitzer’s Marriage Equality Bill by a vote of 85 to 61. The NYS Senate did not bring the bill to the floor before the end of the legislative session.

 In New York's legislature, both a "Marriage Equality" Act (allowing same-sex couples access to state-level marriage rights) and a New York Defense of Marriage Act have been proposed and debated. A/8590 and S.5884 have been introduced in the legislature. A8590 was passed by the Assembly in 2007 and referred to the Senate where it was not acted on. It was returned to the Assembly in January 2008. S5884 was referred to the Senate Judiciary Committee in January 2008. It has not been determined whether state-level anti-marriage laws are constitutionally permissible in denying full faith and credit to another state’s marriages. However, an appellate court in Rochester recently decided that the state must respect Canadian marriages of same-sex couples (Martinez v. County of Monroe).

.3. Position of the Reform Jewish Movement

The Reform Movement has consistently affirmed its commitment to welcoming gay and lesbian couples into congregations and, in 1997 the Union for Reform Judaism expanded that support with a resolution supporting full equality under the law, including legal recognition of same gender relationships.

Additionally, in June 2004, the CCAR adopted a resolution to:

1. Reaffirm our commitment to upholding the integrity of the United States Constitution, particularly concerning its guarantee of equal protection for all citizens, its prohibitions against discrimination and its safeguarding of religious liberties;

2. Reaffirm our commitment to pursuing full civil marriage rights for same-gender couples; and

3. Oppose any proposal to amend the United States Constitution or any state constitutions, or any state legislation that would limit these rights, and

4. Call upon CCAR members to play a leadership role on the federal, state and local levels on this issue, and to join coalitions and other efforts in local communities.

4. Related Links

• Empire State Pride Agenda , www.prideagenda.org
• Interfaith Impact of New York State, www.interfaithimpactnys.org

5. Talking Points

• The civil right of marriage should be available to all in New York State.
• Religious marriage and civil marriage are different, and each religious group would be free to define religious marriage in its own way.
• Recognition of same sex couples right to civil marriage would have no effect on religious marriage. It would, however, allow couples to enter into a legal marriage distinct from a religious marriage.  Any clergyperson who refuses to marry same sex couples would continue to be free to do so.
• Married couples receive more than 1,100 legal protections, benefits and responsibilities from the federal government; more than 1,300 rights and responsibilities come from NYS government with marriage.  Recognition by New York State of the right of same sex couples to marry would provide access to rights such as medical decision-making, inheritance rights, tax rights (especially regarding the transfer of property), the right to make burial decisions, divorce protections and the presumption of parenthood, access to Family Court for orders of protection from domestic violence, divorce and the ability to adopt children as a couple.
• The religious movements represented today support full equality for same sex couples under the law, including legal recognition of these relationships.
• We urge all state legislators to co-sponsor and vote in support of legislation supporting marriage equality and to oppose legislation that limits the rights of same sex couples.