Same-Sex Marriage in New York
LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law 
Types of Same-Sex Unions in the U.S.
In the U.S., state laws regarding same-sex legal unions vary widely. Some states recognize and perform marriages between same-sex couples. Others offer alternative systems, creating unions for same-sex couples which provide some or all of the rights associated with marriage, while going by a different name. Most states, however, do not have any official union for same-sex couples.
Out-of-State Same-Sex Marriages In New York
New York does not currently perform same-sex marriages, or offer any alternative legal union for same-sex couples.
However, New York is one of the few remaining states which does not recognize same-sex marriage, yet has not legally defined marriage exclusively as a union between a man and a woman. Because of this, the legal status of same-sex marriage in New York is something of a gray area.
Recently, its status was clarified somewhat when the Governor of New York ordered all state government offices to begin recognizing same-sex marriages performed in other U.S. states, as well as those performed in Canada (where same-sex marriage has been legal for several years).
This means that if you enter a legal same-sex marriage in any state that currently performs them, or in Canada, and you move to New York, your marriage will be treated as legally valid in that state, and you and your spouse will enjoy all of the legal rights (and be subject to all of the legal responsibilities) that come with marriage.
Courts in New York will also perform divorces for same-sex couples who were married in other states, if they have moved to New York.
Federal Issues
Because the federal government does not recognize same-sex marriage, anyone who enters such a union will not enjoy the many federal benefits that are dependent on marriage. These include the right to file joint federal tax returns, veteran’s benefits, and spousal benefits for federal employees, among many others.
Furthermore, entering, or attempting to enter, any official legal union for same-sex couples triggers the military’s “don’t ask, don’t tell” policy, and could result in a discharge from the armed services.
Do I Need an Attorney?
Because the situation involving same-sex marriage is in a state of flux, and will probably remain that way into the near future, the exact legal status of same-sex couples can be confusing. If you are in a same-sex marriage and are considering relocating to New York, it might be helpful for you to contact an experienced New York attorney who specializes in family law.
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Last Modified: 12-21-2010 08:17 AM PST
