S5416 (Golden)

Authentic marriage, the union of one man and one woman, has been the foundation for family since the beginning of time. For thousands of years, in both religious and non-religious cultures, the term “marriage” has universally meant the legal relationship between one man and one woman, for the purpose of establishing a family. But marriage, the fundamental relationship for establishing and nurturing the next generation, is under attack today.

TAKE ACTION:  Tell your elected leaders in Albany New York needs a Defense of Marriage Act now!

The federal Defense of Marriage Act (DOMA), passed into law by Congress in 1996, did two crucial things: (1) It set in federal law that marriage is the union of a man and a woman; and (2) It allowed each state to determine for itself what would constitute marriage within its jurisdiction. In other words, if one state chose to recognize same-sex “marriage”, another would not be forced to adopt the same false definition.

Thankfully, 30 states have Constitutional Amendments to protect traditional marriage, 37 states have Defense of Marriage Acts (DOMA), and two additional states have strong language protecting the institution within their borders. Only a handful of states have no protection of authentic marriage; New York is in this group.

In 2006, the New York State Court of Appeals affirmed that marriage in New York State is the union of a man and a woman, and that this distinction is not discrimination or contrary to the New York State Constitution. They found that the Legislature could find “rational reasons” for this restriction.  The Court also noted:

“The idea that same-sex marriage is even possible is a relatively new one. Until a few decades ago, it was an accepted truth for almost everyone who ever lived, in any society in which marriage existed, that there could be marriages only between participants of different sex. A court should not lightly conclude that everyone who held this belief was irrational, ignorant or bigoted. We do not so conclude.”[i]

Then in 2009, the State Senate rejected a bill to authorize same-sex “marriage” by a 38 to 24 vote.

Unfortunately, despite what the law says and the intention of our State Legislature, Governors Paterson and now Cuomo through Executive Order took an end-run around the Legislature in recognizing the unions of same-sex couples “married” in other legal jurisdictions such as Canada and Massachusetts.

The assault on the sanctity of marriage has made it necessary for the New York State Legislature to define the term in New York State law. This legislation would amend the Domestic Relations Law: Article 2, Section 6 to state: “Marriages contracted between two persons of the same sex, regardless of whether such marriage is  recognized,  solemnized  or  legal  in another jurisdiction, shall be considered void in New York.”

New York needs a DOMA. Marriage must be defended.

TAKE ACTION:  Tell your elected leaders in Albany New York needs a Defense of Marraige Act now!