Same-Sex Marriage in New York

Current Status:

New York has no same-sex marriage or civil unions law of its own, but recognizes same-sex marriages performed in other states. The New York State Court of Appeals ruled in 2006 that the New York Constitution does not protect same-sex marriage. Legislation allowing same-sex couples to marry in New York is supported by the governor, the New York State Assembly, and 53 percent of the population, but has been bottled up by the Republican senate majority leader.

Civil Lawsuit:

In July 2006, the New York State Court of Appeals ruled by a 4-2 margin that same-sex couples do not have the right to marry under the Constitution of New York. Because the New York State Court of Appeals is the highest judicial authority in New York, this effectively ended any short-term judicial opportunity to legalize same-sex marriage.

Legislation:

In April 2007, then-governor Eliot Spitzer fulfilled a campaign promise by unveiling legislation to legalize same-sex marriage in New York. The bill easily passed the New York State Assembly, but was blocked single-handedly by Republican senate majority leader Joseph Bruno, a political opponent of Spitzer. Observers speculate that the bill would most likely pass the state senate if Bruno were to allow a full vote.

Executive Order:

In May 2008, Governor David Paterson issued an executive order directing New York state agencies to recognize same-sex marriages performed in other states on equal terms with heterosexual marriages.

The Future of Same-Sex Marriage in New York:

Given the popularity of same-sex marriage in New York, legislation permitting it seems inevitable. The only obstacle is Joseph Bruno. While Bruno has described homosexuality as an "abnormal lifestyle" and does not appear to be in any hurry to legalize same-sex marriage, his opposition to the Spitzer bill may have reflected his opposition to Spitzer more than it reflected his opposition to same-sex marriage as such. New legislation, proposed by the new governor (who has had a friendly working relationship with Bruno for decades), could potentially meet with less resistance.