New york gay marriage law

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Some cities (specifically NYC) have safe haven ordinances allowing anyone administering or receiving gender affirming care in a state where it is illegal and punishable will not face punishment. However, it does not outright ban such surgeries or require parental consent beforehand.

Serving openly in military in New York

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Serving openly in military in New York is lesbians, gays, bisexuals permitted, transgender people banned.

Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On January 27th, 2025, President Trump signed an executive order that bans transgender people from serving in the military.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.

From then until March 18th, 2025, The U.S.

military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.

Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.

Blood donations by MSMs in New York

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Blood donations by MSMs in New York is legal.

Current status
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months.

Windsor in 2013. If you have questions about your relationship rights, it's a good idea to talk to a lawyer who knows about family law.

 

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This law prohibits any and ALL work-place discrimination.
New York, in late 2002, passed a discrimination protection for LGB people and was the first of its kind to include provisions for asexual people in defining sexual orientation as "heterosexuality, homosexuality, bisexuality, or asexuality, whether actual or perceived.".

Minors and adults have to get a gender diagnosis before being treated and or have been treated by a medical professional. This meant that while legally married in New York, they were denied federal benefits, such as Social Security survivor benefits or joint tax filing.

Federal recognition changed with the Supreme Court’s decision in United States v.

The first marriage ceremonies for same-sex couples were performed shortly after midnight.

The Marriage Equality Act

The New York State Legislature passed the Marriage Equality Act on June 24, 2011. Governor Andrew Cuomo signed the bill into law on the same day, establishing the legal right for same-sex couples to marry within the state.

new york gay marriage law

Following Windsor, marriages validly performed in New York were recognized by the federal government, allowing New York’s same-sex married couples to access over 1,000 federal rights and benefits. The act, known as SONDA, became effective in January of 2003. This legislation amended the Domestic Relations Law to replace gender-specific terms like “husband” and “wife” with gender-neutral language such as “spouses” and “parties to a marriage.” The Act codified that a marriage contract “may be entered into by a couple of the same or different sex,” ensuring equal access to marriage for all New Yorkers.

The law also included provisions to protect religious organizations and benevolent associations from being compelled to solemnize or provide services for same-sex marriages if doing so would violate their religious beliefs.

This ruling struck down Section 3 of DOMA, which had denied federal recognition to legally performed same-sex marriages. And in 2009, then-Governor David Paterson issued an executive order prohibiting discrimination in state employment on the basis of gender identity.

Intersex infant surgery in New York

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Intersex infant surgery in New York is not banned.

New York does not ban “normalization” surgeries performed on intersex infants.

This change established a framework for equal marital rights within the state. But this doesn't decide things like who gets to keep the kids or your stuff.

Common law marriage

New York doesn't recognize common law marriage.

In 2023, Senate Bill S5399 was passed by the New York State Legislature and was then signed into law by Gov.

Hochul. Full nationwide federal recognition for all same-sex marriages was ultimately established by the Supreme Court’s 2015 decision in Obergefell v. DOMA defined marriage for federal purposes as exclusively between one man and one woman, preventing same-sex spouses from receiving federal benefits. In New York City, you can go to any City Clerk's office.

As domestic partners, you get some rights like:

  • Being able to visit each other in the hospital
  • Taking family leave from work
  • Some housing rights in New York City

If you want to end a domestic partnership, you need to fill out a form.