New York

Relationship Recognition Information

Statewide Relationship Recognition
no Licenses marriages for same-sex couples.
yes Honors marriages of same-sex couples from other jurisdictions.
no Relationship recognition for same-sex couples: None.

Effective May 1, 2007, the New York State Department of Civil Service (DCS) will respect out-of-state marriages of same-sex couples for the purposes of extending spousal insurance benefits to current and retired state and local government employees. All New York State Health Insurance Program (NYSHIP) Participating Agencies and Employers, including local government agencies and public authorities around the state, must provide benefits to same-sex spouses of employees who were validly married in places like Canada or Massachusetts. A special enrollment period will last through May 31, 2007.

  • 2000 Anti-Marriage Bill Proposed. S.5228: Anti-marriage bill again sponsored by Senator Maltese (R), carried over from previous year. A.594: Anti-marriage bill again sponsored by Rep. Seminerio (D), carried over from previous year.
  • 1995 Domestic partnership benefits. The Civil Service Employees Association, representing most (but not all) New York State public employees, reached an agreement to include domestic partnership benefits in its new contract.

Employment Information

Statewide Employment Protections
yes Private employment protections based on sexual orientation.
no Private employment protections based on gender identity.
yes Public (state) employment protections based on sexual orientation.
- Public (state) employment protections based on gender identity.

See N.Y. CLS Exec. Law 296 (2005).

  • 2003 Sexual Orientation Non-Discrimination Act (S.720/A.1971). Signed by Governer Pataki on 12/17/02.

Parenting Information

Statewide Parenting Laws
Who May Adopt An adult unmarried person or an adult husband and his adult wife together may adopt another person.  D.R.L. § 110.
Second Parent Adoptions pproved in In reJacob, 86 N.Y.2d 651, 636 N.Y.S.2d 716, 660 N.E.2d 397 (1995)
Notes Joint adoption approved in Matter of Adoption of Carolyn B., N.Y.S.2d, 2004 WL 575028 (N.Y. App. Div., 2004)

Cases

Beaton and Alberti v. Vinje Realty and F. J. Kazeroid Realty Group
Case representing a same-sex couple that was discriminated from renting an apartment in New York City.

Brooklyn Housing and Family Services v. Lynch
Case challenging housing regulations that negatively affect lesbian and gay tenants

Brooklyn Housing and Family Services v. Lynch
Case challenging housing regulations that negatively affect lesbian and gay tenants.

DeWolf and Watts v. Countrywide
Case challenging a mortgage company’s unlawful refusal to allow a lesbian couple to share a mortgage on a home.

Fischer v. New York
Case seeking transgender woman’s right to change her name and obtain proper identification

Funderburke v. New York State Department of Civil Service, Uniondale Union Free School District, et al.
Case seeking health benefits for same-sex spouse of retired New York school teacher after they were married in Canada

Godfrey v. Spano
Case arguing for recognition of out-of-state marriages of same-sex couples in Westchester County

Hernandez v. Robles
Case seeking the right to marry for same-sex couples in New York

Hudson Valley LGBTQ Community Center, Inc. v. Assessor of the City of Kingston, Maryann Bahruth, in her official capacity, et al.
Case challenging the wrongful denial of non-profit property tax exemption for a New York LGBTQ community center

In re Y.S.
(Amicus) Case arguing for a gay man to receive asylum to avoid persecution in his native country because of his sexual orientation

In the Matter of Brian (a.k.a. Mariah) L.
(Amicus) Case arguing that Children’s Services must provide a transgender youth sex reassignment treatment if it is found medically necessary

Rodriguez v. Johnson et al.
Case arguing against a residential center's withholding of prescription hormone medication and punishment of gender expression for a transgender woman

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