New York
Relationship Recognition Information
| 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. |
New York is unusual because it does not allow same-sex couples to marry in the state, or even provide them statewide domestic partnership benefits, but it does respect their marriages entered into outside the state. That has led many same-sex couples to travel to Canada and elsewhere to get married. They have returned home and won respect for their marriages, inside and outside the courtroom, sometimes just by asking. The list of who respects marriages is extensive, from state and local government to employers and insurance companies.
Employment Information
| 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
| 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 | Approved 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
