New York has not adopted protection of marriage legislation.
In each of the past three legislative sessions, bills have been introduced in the New York legislature to declare that same-sex marriages are invalid in New York. All of these bills have died in committee. See 1997 Assembly Bill 158; 1997 Assembly Bill 1649; 2001 Assembly Bill 892; 2001 Senate Bill 2195.
Same-Sex “Marriage” Legislation
In the 2001 legislative session, Senator Duane introduced a bill to legalize same-sex “marriages.” 2001 Senate Bill 1205. This bill also died in committee.
Lambda Legal lawsuit demanding a right to marriage for same-sex couples.
Article 78 proceeding contests denial of same sex marriage license as violating the domestic relations law of New York and constitutional equal protection and due process guarantees. Filed in Supreme Court for Albany County.
ACLU lawsuit demanding a right to marriage for same-sex couples.
Shields v. State, 783 N.Y.S. 2d 270 (Oct. 18, 2004)
Recent lawsuit demanding a right to marriage for same-sex couples.
Seymour v. Holcomb, 790 N.Y.S.2d 858
The trial court ruled that state laws recognizing marriage as a union between a man and a woman do not violate the New York Constitution. (Feb. 23, 2005)
Hebel v. West
The mayor of New Palz decided to follow the example of San Francisco, and began issuing marriage licenses to same-sex couples. This lawsuit was filed seeking a permanent injunction prohibiting the mayor from issuing marriage licenses to same-sex couples. The trial court has issued a preliminary injunction.
Langan v. St. Vincent’s, 765 N.Y.S.2d 411 (2003)
Vermont civil union partner brought wrongful death action against New York hospital. The trial court has ruled that a Vermont civil union partner is a “spouse” for purposes of New York’s wrongful death statute. An appeal is pending.
Storrs v. Holcomb, 645 N.Y.S.2d 286 (N.Y. Sup. Ct. 1996), aff’d on other grounds, 666 N.Y.S.2d 835 (Ct. App. 1997)
Two men filled suit seeking a marriage license. The court ruled that they were not entitled to a license, and that there is no fundamental right to same-sex marriage.
Anonymous v. Anonymous, 325 N.Y.S.2d 499 (N.Y. Sup. Ct. 1971)
A man married another man, believing he was marrying a woman. When the plaintiff discovered that his “wife” was in fact a man, he immediately left the apartment, and subsequently filed a lawsuit to have the marriage invalidated. The court held that because the law does not recognize a marriage between persons of the same-sex, there never was a valid marriage.