Marriage Equality in New York State


With the British House of Commons and French National Assembly recently passing a bill allowing for same-sex marriage, as a Long Island, NY family law attorney, I thought it would be a good time to discuss the New York State Marriage Equality Act of 2011.
The New York Marriage Equality Act of 2011 allows for gender-neutral marriages for both same-sex and opposite- sex couples. While essentially legalizing gay marriage, the Marriage Equality Act also protects religious-supervised institutions, their employees, or clergy from legal action for refusing to sanctify or recognize marriages that contradict the beliefs of their own religious doctrines. In other words, a religious institution, like a Catholic Church, etc. is not required to marry a same-sex couple just because the State of New York allows it.
Essentially, if you are a same-sex couple who wishes to be married, you can be married under the eyes of the law in New York State. Religious institutions, however, are legally protected from recognizing or sanctifying the marriage. After the bill passed, a Marist poll showed that 63 percent of people didn’t want the law overturned.
If you are a same sex couple who wishes to be married on Long Island, you can submit an application in person for your license at any town or city clerk outside of New York City. The application for a license has to be signed by both applicants in the presence of the clerk. New York City has different requirements than Long Island so the couple has to go to the New York City clerk and follow their procedures. As for opposite-sex couples, once a same-sex couple obtains the license, the couple has to wait 24 hours to get married.
Since the law was passed, multiple lawsuits have been filed attempting to negate the same-sex marriages the law has allowed, but thus far, all have been dismissed. In fact, the highest Court in New York State, the Court of Appeals, has denied hearing any cases.
Contact Us for More Information
If you have any questions regarding New York State Marriage Equality Act of 2011 or any other Family Law or Divorce matters on Long Island, give us a call at 631-923-1910. The divorce law office of Robert E. Hornberger, P.C. will be pleased to offer you a free complimentary consultation to discuss your Family Law issues or concerns.
Robert E. Hornberger, EsqI know from both personal and professional experience that divorce is emotional for everyone involved. No one expects to get divorced so it is naturally a stressful life-changing event. I’ve been in your shoes; I understand. As emotional as it is, divorce is also a practical matter. While it may seem cold, when it comes down to it, divorce is essentially a legal “business transaction”. My job as your divorce attorney is to take care of the practical, material and legal aspects of your divorce so you can move on emotionally. I’m here to protect your legal and financial interests now and ensure you have the tools and resources you need to start a new, happy, productive, fulfilling life without your current spouse. While my greatest job satisfaction is the relief I bring to my clients, below are some of the credentials, awards and recognition I’ve received en route. Over 20 years practicing matrimonial law Over 1,000 cases successfully resolved Founder and Partner of Hornberger Verbitsky, P.C. Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator Recognized for a tough courtroom disposition Skilled litigator whose reputation, training and experience as a divorce attorney, mediator and collaborative divorce attorney makes Robert particularly skilled at resolving cases prior to trial Opposing counsel recognize Robert will not back down until he achieves a favorable resolution for his clients. Licensed to practice law in the State of New York New York State Bar Association member Nassau County Bar Association member Suffolk County Bar Association member “Super Lawyer” Metro Rising Star Nominated Best of Long Island Divorce Attorney four consecutive years Alternative Dispute Resolution Committee Contributor Collaborative Law Association of New York – Former Director Martindale Hubbell Distinguished Designation America’s Most Honored Professionals – Top 5% Lead Counsel Rated – Divorce Law American Institute of Family Law Attorneys 10 Best International Academy of Collaborative Professionals Graduate of Hofstra University School of Law Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University Long Island native