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Michael Bruhn ruled in favor of the state, reinstating the charges against West, arguing that this criminal case did not concern whether the State Constitution mandates same-sex marriage, but rather whether West violated his oath of office in performing illegal marriages. The May charges against West were reinstated; these were dropped by the prosecutor on July After Liberty Counsel filed a civil lawsuit challenging the validity of the marriages, a state court judge issued a permanent injunction barring West from solemnizing same-sex marriages.

Peterson declared that she would recognize same-sex marriages performed in other jurisdictions. Two days later, then- Attorney General of New York Eliot Spitzer , a supporter of same-sex marriage, issued an "informal opinion" stating that municipal clerks should not issue marriage licenses to same-sex couples since the New York State Legislature had not intended for the Domestic Relations Law to cover same-sex couples.

Shortly after Attorney General Spitzer's informal opinion was issued, five separate lawsuits were filed contesting the constitutionality of New York's opposite-sex definition of marriage.

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At the trial level, four failed and one succeeded though it was stayed and later reversed. At the intermediate appellate level, four failed and one was not decided. The cases were all rolled into one and heard by the Court of Appeals , the state's highest court, on May 31, On July 6, , the Court of Appeals in Hernandez v. Robles [4] decided that New York law does not permit same-sex marriage and that there is no state constitutional right to same-sex marriage.

Following the Hernandez v Robles decision, the focus of the same-sex marriage battle shifted to the executive and legislative branches of government. During his successful campaign for Governor of New York , Attorney General Spitzer said that he would push to legalize same-sex marriage if elected, [11] and he proposed legislation to that effect to the State Legislature on April 27, This legislation passed in the State Assembly on June 19, , but the State Senate took no action and returned it to the Assembly.

County of Monroe that because New York legally recognizes out-of-state marriages of opposite-sex couples, it must do the same for same-sex couples.

Same-sex marriage legislation passed the New York State Assembly for the first time on June 19, On April 9, , the new Governor pledged that he would continue to push for same-sex marriage legislation. The new Governor said he was "proud to have run on a ticket with now-former Governor Eliot Spitzer that was the first in the country to advocate for marriage equality and to win on that premise.

A bill to legalize same-sex marriage passed the New York State Assembly a second time in Thomas Duane D-Manhattan claimed that he had lined up support from a sufficient number of senators to pass same-sex marriage legislation, [27] though opponents disagreed. While same-sex marriage advocates declared that same-sex marriage would pass the Senate by the end of June , [30] the bill was not debated and voted upon until December of that year.

On December 2, , same-sex marriage legislation was defeated on the floor of the New York State Senate by a vote of 24 to 38; [31] no Republican voted yes, eight Democrats voted no. In late , before the January expiration of his term as governor, David Paterson reached out to members of the New York State Senate in an attempt to gauge support for the passage of same-sex marriage legislation during a lame-duck session of the Legislature; however, the Governor came to the conclusion that passage of the bill during the lame-duck session was not feasible.

On June 15, , the New York State Assembly passed the Marriage Equality Act , a bill to legalize same-sex marriage in New York, by a margin of 80 to 63; this was a smaller margin of victory than three same-sex marriage bills had attained in the Assembly in prior years. The Senate passed the bill on June 24 by a 33—29 vote with 29 Democrats and four Republicans voting in favor.

A marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex. The bill's passage was celebrated by gay rights supporters both in New York and nationwide. The New York Times responded with an editorial backing the law saying, "New York State has made a powerful and principled choice.

On July 12, , the Town Clerk of Barker , New York, Laura Fotusky, resigned her position because she objected to same-sex marriage and thus would not sign marriage certificates for same-sex couples. Belforti later delegated marriage applications to a deputy.

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Same-sex marriage advocates and some town residents criticized Belforti for taking this action, and resident Ed Easter attempted to unseat her in the fall of Belforti was re-elected by a substantial margin. On July 25, , New Yorkers for Constitutional Freedoms , represented by Liberty Counsel , filed a lawsuit in the New York Supreme Court seeking an injunction against the Marriage Equality Act , alleging corruption and violations of the law in the process of passing the bill.

Wiggins ruled that the plaintiffs' case could proceed. Justice Wiggins' opinion included the following: On May 9, , Alesi announced that he would not run for re-election and indicated that his vote on same-sex marriage would have "severely hampered" his chances in a Republican primary. Grisanti won his primary by a large margin and got re-elected, [60] [61] but was defeated in In , after the legalization of same-sex marriage in New York, the Research Library at the Buffalo History Museum became the first known library in the United States to collect wedding memorabilia from legally-wed same-sex couples.

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Prior to the passage of same-sex marriage legislation, there was litigation in New York courts regarding the recognition of same-sex marriage licenses from other jurisdictions. In October , State Comptroller Alan Hevesi indicated that the state's retirement system would recognize same-sex marriages performed outside New York State for purposes of state retirement and pension benefits. Not long thereafter, Mayor Michael Bloomberg stated that he would ask that the city's five pension systems recognize domestic partnerships, civil unions, and same-sex marriages of city employees performed in other jurisdictions such as Massachusetts , Canada , Iowa , New Hampshire , New Jersey , Vermont , Oregon , Maine , Hawaii , Colorado , Nevada , Wisconsin , Connecticut , California , the District of Columbia and Washington.

In Martinez v. County of Monroe , [13] the court reasoned that because out-of-state opposite-sex marriages that would not have been legal in New York nonetheless are recognized unless such recognition would violate the public policy of the state, out-of-state same-sex marriages must be similarly recognized. The Appellate Division reversed a trial judge's ruling in that Monroe Community College did not have to extend health benefits to an employee's same-sex spouse. Monroe County subsequently announced its intention to move for leave to appeal the decision to the Court of Appeals , New York State's highest courts.

However, the Court of Appeals refused to hear the case on May 6, , allowing the lower court's ruling to stand. In November , Monroe County announced that it would not pursue any further appeals of the Appellate Division's decision. On May 29, , Governor David Paterson directed all New York State agencies to begin to revise their policies and regulations to recognize same-sex marriages performed in other jurisdictions.

Governor Paterson's directive cited the Appellate Division decision in the Martinez case, as well as several lower court rulings. In addition, same-sex couples in New York had the option to travel to states where same-sex marriage was possible to get married and have their marriages fully recognized by New York State agencies. Governor Paterson's directive was challenged as both premature and unconstitutional in an Article 78 proceeding filed on June 3, , against Governor Paterson by the Alliance Defense Fund on behalf of several state legislators and conservative leaders; this lawsuit failed at all levels.

On September 2, , Justice Lucy A. Billings, of the State Supreme Court in Bronx, New York, issued a decision that Governor Paterson acted within his powers when he required state agencies to recognize same-sex marriages from outside the state. Justice Billings found that the Governor's order was consistent with state laws on the recognition of marriages from other jurisdictions.

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From July to December , approximately 12, same-sex marriages were celebrated in the state of New York. Several court cases pertaining to the recognition and licensing of same-sex marriages in New York have been filed over the years. From Wikipedia, the free encyclopedia. Same-sex union legislation Same-sex union court cases Timeline of same-sex marriage Recognition of same-sex unions in Africa Recognition of same-sex unions in Asia Recognition of same-sex unions in Europe Recognition of same-sex unions in the Americas Recognition of same-sex unions in Oceania Marriage privatization Divorce of same-sex couples Domestic partnership Military policy Adoption Listings by country.

Main article: Marriage Equality Act New York. Response to the Marriage Equality Act. The New York Times. Retrieved June 25, Retrieved August 14, December 2, New York Magazine. Retrieved September 20, June 7, Archived from the original on September 7, Retrieved July 20, Smith February 27, Daily Freeman. Retrieved September 23, Retrieved October 17, March 3, Retrieved September 25, County of Monroe et al.

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May 6, Archived from the original on June 9, Rochester Democrat and Chronicle. November 22, Retrieved December 7, Man invites same-sex couples to wed at his Kingston chapel". Retrieved Rochester Turning. April 10, Retrieved May 17, NBC New York. We've Still Got Senate". New York Post. Retrieved December 12, The New York Observer. Capitol Confidential. May 13, Assembly Passes Gay Marriage Bill".

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Retrieved May 23, Thomas Duane". Daily News. New York. Archived from the original on January 18, Retrieved June 27, Book your services today and let us know exactly what you are need. We are here to make your wedding day easy and perfect. NYC City Hall welcomes all couples. If you would like to have your ceremony in a more private location, NY1 Minute will guide you through the process. Eloping to NYC is trendy and fun. Save money and have your affordable wedding today.