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New York Allows Same-Sex Marriage, While National Case Law Evolves

By Janice G. Inman
July 27, 2011

New York's legislature's decision to permit same-sex partners to marry within the State came June 24, after a nail-biting lead-up. For weeks, many questioned whether the measure would come to a vote at all, and whether enough Republican senators could be persuaded to vote in favor, along with the majority of Democrats (only one Democrat, the Bronx's Ruben Diaz, voted against it). The bill passed after provisions were made to protect religious institutions from being sued or penalized by the State for declining to perform same-sex weddings or permit them to take place in their facilities. The legislation also contains a non-severability clause, which says that if any portion of the law is judicially declared invalid, the entire law will become invalid. This will prevent courts from declaring the religious institution exemptions unlawful while upholding the right of same-sex couples to marry in New York.

The law went into effect 30 days after passage, on July 24, and at press time, wedding plans were being made statewide and beyond (the law allows out-of-state same-sex couples to wed in New York). New York is now the Sixth and largest state to allow same-sex partners to marry; the others are Connecticut, Iowa, Massachusetts, New Hampshire and Vermont. Same-sex marriages may also be entered into in the District of Columbia.

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