Marriage
NYS Marriage Law Resources
Monday, 01 February 2010 03:45
On Feb. 1, 2008, the New York State Appellate Division, Fourth Department unanimously decided that Rochestarian Pat Martinez’s Canadian marriage to her long-term partner Lisa Golden is entitled to recognition under New York's long standing marriage recognition rule. This case is commonly known as Martinez v. County of Monroe.
This means that couples married in one of 5 U.S. states or 7 countries that offer marriage equality are legally entitled to the 1,324 rights and responsibilities the state gives to all other married couples. On May 14, 2008 Governor David Paterson issued a memo to all State agencies directing them to change their policies and procedures to be in line with this new standing.
As more and more of us take advantage of marriage opportunities in other states, the more questions we receive on how to go about accessing those 1,324 rights.
Here are two very helpful articles that initially ran in the Empty Closet written by local attorney and RIT Professor, Jennifer Gravitz in which she looks at some of the challenges faced by couples who are opting to marry.
- How to Get Your Marriage Recognized By New York State (Feb.2010)
- Marriage Recognition and Contradictory State and Federal Laws (Mar.2010)
Below is a list of resources that should help you advocate for those rights as you navigate the somewhat complicated marriage landscape of New York State.Words of Caution
Background
The Martinez case only establishes legal recognition in New York State. Federal rights and protections like filing jointly on income taxes and receiving Social Security benefits are currently denied to us by the federal DOMA - Defense of Marriage Act. It also means that your marriage may not be recognized in other states as the majority of states have now passed their own versions of DOMA, commonly referred to as Mini-DOMAs.
You should also know that the extent to which and under what circumstances private organizations and companies are legally mandated to recognize your marriage depends on any number of things. If you have been denied a benefit or protection by a private entity that you believe you are entitled to it is best to consult a civil attorney for guidance.
U.S.States with Marriage Equality:
- Massachusetts
- Vermont
- Connecticut
- New Hampshire
- Iowa
Countries with Marriage Equality:
- Canada
- Norway
- Netherlands
- Spain
- Sweden
- Belgium
- South Africa
Resources to Print (PDF files)
- Martinez vs. County of Monroe
- Gov. Paterson's Memo to State Agencies
- 1,342 Reasons for Marriage Equality in NYS
- NYS Insurance Dept. Opinion on Same-sex Spousal Benefits
Helpful Websites
* Very Special "Thank you" to Jennifer Gravitz ESQ for her help creating this educational effort
How to Get Married in Canada
Monday, 01 February 2010 04:31
How To Marry In Canada
Now that New York State must recognize marriage licenses deemed legal outside New York, find out how to get married in Canada. This link will take you to detailed information, drawbacks, advantages, and steps. See our PDF for more information.
