Marriage

Same-sex marriage is a constantly evolving area of law and we have witnessed many significant advances in the past few years. Because of the nature of our practice, we are frequently asked by our clients whether they can get married, and if so, what would their marriage mean in the State of New York and elsewhere.

In an effort to answer some of these questions, we thought it would be helpful to provide a summary of what we know so far. As of January 2010, the following jurisdictions allow same-sex marriage:

Massachusetts
Connecticut
Iowa
Washington D.C.
New Hampshire
Vermont
Coquille Indian Tribe of Oregon

Canada
Spain
The Netherlands
South Africa
Belgium
Norway
Sweden

In New York, Rhode Island and Maryland, same-sex marriages are recognized, but not legally performed by the state.

In New York State, marriages of same-sex couples validly performed in other jurisdictions are accorded legal respect under our state’s longstanding principles of law. This has been confirmed by state appellate and trial courts (see, e.g., Martinez v. County of Monroe (4th Dep’t February 2008)) and Godfrey v. Spano (2d Dep’t December 2008)).

As this is a rapidly changing area of law, if you are considering getting married, we urge you to contact us to discuss your legal options and rights.