Gay Marriage: Legal and Constitutional Issues
On this page are resources available in or through the Ithaca College Library that should help you explore and research the topic of gay marriage, especially as it is related to legal and constitutional issues.
Click on one of these subject to find books and videos held by the library
Here is a selection of titles. You can also search Ebrary directly on the subject same-sex marriage.
- Ball, Carlos A. From the Closet to the Courtroom: Five LGBT Rights Lawsuits that have Changed Our Nation. Beacon Press, 2010
- Polikoff, Nancy D. Beyond Straight and Gay Marriage: Valuing All Families Under the Law. Beacon Press, 2008
- Craig A. & Clyde Wilcox. Politics of Same-Sex Marriage. University of Chicago Press, 2007
- Bernstein, Anita. Marriage Proposals : Questioning a Legal Status. New York University Press, 2006
- Koppelman, Andrew. Same Sex, Different States : When Same-Sex Marriages Cross State Lines. Yale University Press, 2006
- Mohr, Richard D. Long Arc of Justice : Lesbian and Gay Marriage, Equality, and Rights. Columbia University Press, 2005
- Pierceson, Jason. Courts, Liberalism, and Rights : Gay Law and Politics in the United States and Canada. Temple University Press, 2005
- Alderson, Kevin & Kathleen Lahey. Same-Sex Marriage : The Personal and the Political. Insomniac Press, 2004
- Sullivan, Andrew. Same-Sex Marriage : Pro and Con. Knopf Publishing Group, 2004
For primary resources, use FDsys and Thomas Legislative Information (Library of Congress):
- FDsys Run a search in the Federal Document System (the new version of the Government Printing Office Access site) to find Congressional Reports, hearings, floor debates, etc. Search for: same-sex marriage; also search for discussion on DOMA (Defense of Marriage Act)
From FDsys: A Government Accountability Office report on DOMA.
From FDsys: 157 Cong. Rec. E336 - PRESIDENT OBAMA'S DECISION TO STOP DEFENDING DOMA
From FDsys: House Hearing, 108th Congress - DEFENSE OF MARRIAGE ACT
- Thomas - Legislative Information
Search for: "marriage protection" or "marriage equity" or "respect for marriage" -- a search for "marriage+act" will retrieve a variety of proposed legislation
Public Law: 104-199 (pdf): Defense of Marriage Act (was H.R. 3396)
28 U.S.C 1738B ; 1 U.S.C. 7 - Definition of “marriage” and “spouse” - Search the Dept. of Justice (U.S.) site to see if the D.O.J. is defending D.O.M.A. Here is a statement from Attorney General Holder, February 12, 2011, on the issue.
- CQ Researcher: Jost, K. (2008, September 26). Gay marriage showdowns. CQ Researcher, 18, 769-792. Retrieved September 17, 2009, from CQ Researcher Online, http://library.cqpress.com/cqresearcher/cqresrre2008092600.
- CQ Weekly
Zeller, Shawn. "Gay Couples Win Visitations." CQ Weekly Online (Novemberl 29, 2010): 2741.
Weyl, Ben. "Young Evangelicals Break From Old on Gay Unions." CQ Weekly Online (April 27, 2009): 962.
Jost, Kenneth. "Courts & the Law: Liberty, Equality, Matrimony." CQ Weekly Online (June 16, 2008): 1602-1602.
- The Williams Institute of UCLA law school is devoted to critically thinking about isssues in sexual orientation policy and law.
- National Sexuality Resource Center : Their website has a tab for issues.
- NPR: The Legal Battle Over Gay Marriage - State-By-State Map: The interactive map provides a brief summary of the legislation or court action on gay marriage for each state.
- Pew Forum on Religion & Public Life: Gay Marriage. Its research page was last updated October 2010.
- ACLU's LGBT Project: Relationships. Press releases, legal and legislative documents, case profiles, fact sheets, and other resources related to the organization's efforts to secure marriage for same-sex couples and win legal recognition for LGBT relationships.
- National Conference of State Legislatures Under the Issues & Research tab, there is a fact and resource sheet on, "Same Sex Marriage, Civil Unions and Domestic Partnerships"
Here is a select list of documentaries on same-sex marriage in order by date. Be sure to click on the title to see if it is available:
- Marriage equality : Byron Rushing and the fight for fairness A documentary that connects the Black Civil Rights Movement with the Lesbian and Gay Marriage Equality movement"--Container. directed byThomas Allen Harris. (DVD5145, 2011, 17 min.)
- One summer in New Paltz : a cautionary tale. "Set against a backdrop of the Bush administration's policy of endless war and assault on civil liberties, One Summer in New Paltz is a cautionary tale of a young mayor of a small village who stunned his neighbors and the nation by performing 25 same-sex marriages in defiance of state law. As a result, thousands of gay couples flooded New Paltz seeking to be married. The film probes the debate on same-sex marriage and also documents the first day of legal same-sex marriages in Boston in May, 2004." (DVD5224, 2009, 54 min.)
- Escape to Canada, "Looks at the legalization of marijuana and gay marriage in Canada in 2003 and the subsequent re-criminalization of marijuana and the new campaign to turn back gay marriage - financed with US dollars." directed by Albert Nerenberg. (DVD606, 2007, 80 min.)
- Tying the knot, "Documentary on same-sex marriage which provides a historical and legal perspective. Contains archival footage, news clips, and interviews. Examines the institution of marriage today and how it has changed through history. Explores rights, privilege and love as gay activists and right-wing politicians lock horns in the fight for marriage." directed by Jim De Sève. 2005 (DVD2178, 2005, 83 min.)
- One wedding and a revolution, "On February 12, 2004, the mayor of San Francisco, Gavin Newsom, instructed city and county officials to allow lesbian and gay couples to marry. Del Martin and Phyllis Lyon, founders of the first lesbian-rights organization and celebrating their 51st anniversary, were invited to be the first couple married.directed by Debra Chasnoff." (DVD 2497, 2004, 19 min.)
- I can't marry you, "This educational film explores the real life stories of 20 long term gay and lesbian couples, and reveals the obstacles they encounter due to not being able to marry in the U.S. Hosted by Betty DeGeneres (mother of comedian, Ellen DeGeneres) it features interviews with the twenty couples, their parents and children, Evan Wolfson, the prominent civil rights attorney of Freedom to Marry, John J. McNeill, Former Jesuit Priest and author of The Church and the Homosexual, Adam Aronson of Lambda Legal, and the leaders of the New York Christian Coalition." directed by Catherine Gray. (DVD2737, 2004, 57 min.)
Need more information? Try these related library research guides:
John Henderson
Social Sciences Librarian
Tel: (607) 274-1961
Cathy Michael
Communications Librarian
Tel: (607) 274-1293
- Proclamation no. 4 by Governor Cuomo proclaimed June 24, 2011 as a "Day to Commemorate Marriage Equality" in the state of New York.
- Governor Cuomo Announces Passage of the Marriage Equality Act.
New York State Legislature: Bills and Laws
Bill A8354 and Chapter law 95 (2011) can be found on this site.
BILL NUMBER: A8354
TITLE OF BILL: An act to amend the domestic relations law, in relation to the ability to marry
PURPOSE: The Marriage Equality Act amends the domestic relations law togrant same-sex couples the ability to enter into civil marriages in New York, while preserving the well-established constitutional and statutoryprinciples that no member of the clergy may be compelled to perform anymarriage ceremony. The Act also re-affirms that religious institutions and benevolent organizations cannot be required to participate in same-sex marriage ceremonies or celebrations.
SPONSOR O'Donnell (MS)
_____________________________________________________
LAWS OF NEW YORK, 2011 CHAPTER 95
AN ACT to amend the domestic relations law, in relation to the ability to marry Became a law June 24, 2011, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "Marriage Equality Act".
§ 2. Legislative intent. Marriage is a fundamental human right. Same-sex couples should have the same access as others to the protections, responsibilities, rights, obligations, and benefits of civil marriage. Stable family relationships help build a stronger society. For the welfare of the community and in fairness to all New Yorkers, this act formally recognizes otherwise-valid marriages without regard to whether the parties are of the same or different sex. It is the intent of the legislature that the marriages of same-sex and different-sex couples be treated equally in all respects under the law. The omission from this act of changes to other provisions of law shall not be construed as a legislative intent to preserve any legal distinction between same-sex couples and different-sex couples with respect to marriage. The legislature intends that all provisions of law which utilize gender-specific terms in reference to the parties to a marriage, or which in any other way may be inconsistent with this act, be construed in a gender-neutral manner or in any way necessary to effectuate the intent of this act.
§ 3. The domestic relations law is amended by adding two new sections 10-a and 10-b to read as follows:
§ 10-a. Parties to a marriage. 1. A marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex.
2. No government treatment or legal status, effect, right, benefit, privilege, protection or responsibility relating to marriage, whether deriving from statute, administrative or court rule, public policy, common law or any other source of law, shall differ based on the parties to the marriage being or having been of the same sex rather than a different sex. When necessary to implement the rights and responsibilities of spouses under the law, all gender-specific language or terms shall be construed in a gender-neutral manner in all such sources of law.
§ 10-b. Application. 1. Notwithstanding any other provision of law, pursuant to subdivision nine of section two hundred ninety-two of the executive law, a corporation incorporated under the benevolent orders law or described in the benevolent orders law but formed under any other law of this state or a religious corporation incorporated under the education law or the religious corporations laws shall be deemed to be
CHAPTER 95 in its nature distinctly private and therefore, shall not be required to provide accommodations, advantages, facilities or privileges related to the solemnization or celebration of a marriage.
2. A refusal by a benevolent organization or a religious corporation, incorporated under the education law or the religious corporations law, to provide accommodations, advantages, facilities or privileges in connection with section ten-a of this article shall not create a civil claim or cause of action.
3. Pursuant to subdivision eleven of section two hundred ninety-six of the executive law, nothing in this article shall be deemed or construed to prohibit any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization from limiting employment or sales or rental of housing accommodations or admission to or giving preference to persons of the same religion or denomination or from taking such action as is calculated by such organization to promote the religious principles for which it is established or maintained.
§ 4. Section 13 of the domestic relations law, as amended by chapter 720 of the laws of 1957, is amended to read as follows:
§ 13. Marriage licenses. It shall be necessary for all persons intended to be married in New York state to obtain a marriage license from a town or city clerk in New York state and to deliver said license, within sixty days, to the clergyman or magistrate who is to officiate before the marriage ceremony may be performed. In case of a marriage contracted pursuant to subdivision four of section eleven of this chapter, such license shall be delivered to the judge of the court of record before whom the acknowledgment is to be taken. If either party to the marriage resides upon an island located not less than twenty-five miles from the office or residence of the town clerk of the town of which such island is a part, and if such office or residence is not on such island such license may be obtained from any justice of the peace residing on such island, and such justice, in respect to powers and duties relating to marriage licenses, shall be subject to the provisions of this article governing town clerks and shall file all statements or affidavits received by him while acting under the provisions of this section with the town clerk of such town. No application for a marriage license shall be denied on the ground that the parties are of the same, or a different, sex.
§ 5. Subdivision 1 of section 11 of the domestic relations law, as amended by chapter 319 of the laws of 1959, is amended and a new subdivision 1-a is added to read as follows:
1. A clergyman or minister of any religion, or by the senior leader, or any of the other leaders, of The Society for Ethical Culture in the city of New York, having its principal office in the borough of Manhattan, or by the leader of The Brooklyn Society for Ethical Culture, having its principal office in the borough of Brooklyn of the city of New York, or of the Westchester Ethical Society, having its principal office in Westchester county, or of the Ethical Culture Society of Long Island, having its principal office in Nassau county, or of the Riverdale-Yonkers Ethical Society having its principal office in Bronx county, or by the leader of any other Ethical Culture Society affiliated with the American Ethical Union; provided that no clergyman or minister as defined in section two of the religious corporations law, or Society for Ethical Culture leader shall be required to solemnize any marriage when acting in his or her capacity under this subdivision.
3 CHAP. 95
1-a. A refusal by a clergyman or minister as defined in section two of the religious corporations law, or Society for Ethical Culture leader to solemnize any marriage under this subdivision shall not create a civil
claim or cause of action.
§ 6. This act shall take effect on the thirtieth day after it shall have become a law.
The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence.
DEAN G. SKELOS SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly
Bill A8354 and Chapter law 95 (2011) can be found on this site.
BILL NUMBER: A8354
TITLE OF BILL: An act to amend the domestic relations law, in relation to the ability to marry
PURPOSE: The Marriage Equality Act amends the domestic relations law togrant same-sex couples the ability to enter into civil marriages in New York, while preserving the well-established constitutional and statutoryprinciples that no member of the clergy may be compelled to perform anymarriage ceremony. The Act also re-affirms that religious institutions and benevolent organizations cannot be required to participate in same-sex marriage ceremonies or celebrations.
SPONSOR O'Donnell (MS)
_____________________________________________________
LAWS OF NEW YORK, 2011 CHAPTER 95
AN ACT to amend the domestic relations law, in relation to the ability to marry Became a law June 24, 2011, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "Marriage Equality Act".
§ 2. Legislative intent. Marriage is a fundamental human right. Same-sex couples should have the same access as others to the protections, responsibilities, rights, obligations, and benefits of civil marriage. Stable family relationships help build a stronger society. For the welfare of the community and in fairness to all New Yorkers, this act formally recognizes otherwise-valid marriages without regard to whether the parties are of the same or different sex. It is the intent of the legislature that the marriages of same-sex and different-sex couples be treated equally in all respects under the law. The omission from this act of changes to other provisions of law shall not be construed as a legislative intent to preserve any legal distinction between same-sex couples and different-sex couples with respect to marriage. The legislature intends that all provisions of law which utilize gender-specific terms in reference to the parties to a marriage, or which in any other way may be inconsistent with this act, be construed in a gender-neutral manner or in any way necessary to effectuate the intent of this act.
§ 3. The domestic relations law is amended by adding two new sections 10-a and 10-b to read as follows:
§ 10-a. Parties to a marriage. 1. A marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex.
2. No government treatment or legal status, effect, right, benefit, privilege, protection or responsibility relating to marriage, whether deriving from statute, administrative or court rule, public policy, common law or any other source of law, shall differ based on the parties to the marriage being or having been of the same sex rather than a different sex. When necessary to implement the rights and responsibilities of spouses under the law, all gender-specific language or terms shall be construed in a gender-neutral manner in all such sources of law.
§ 10-b. Application. 1. Notwithstanding any other provision of law, pursuant to subdivision nine of section two hundred ninety-two of the executive law, a corporation incorporated under the benevolent orders law or described in the benevolent orders law but formed under any other law of this state or a religious corporation incorporated under the education law or the religious corporations laws shall be deemed to be
CHAPTER 95 in its nature distinctly private and therefore, shall not be required to provide accommodations, advantages, facilities or privileges related to the solemnization or celebration of a marriage.
2. A refusal by a benevolent organization or a religious corporation, incorporated under the education law or the religious corporations law, to provide accommodations, advantages, facilities or privileges in connection with section ten-a of this article shall not create a civil claim or cause of action.
3. Pursuant to subdivision eleven of section two hundred ninety-six of the executive law, nothing in this article shall be deemed or construed to prohibit any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization from limiting employment or sales or rental of housing accommodations or admission to or giving preference to persons of the same religion or denomination or from taking such action as is calculated by such organization to promote the religious principles for which it is established or maintained.
§ 4. Section 13 of the domestic relations law, as amended by chapter 720 of the laws of 1957, is amended to read as follows:
§ 13. Marriage licenses. It shall be necessary for all persons intended to be married in New York state to obtain a marriage license from a town or city clerk in New York state and to deliver said license, within sixty days, to the clergyman or magistrate who is to officiate before the marriage ceremony may be performed. In case of a marriage contracted pursuant to subdivision four of section eleven of this chapter, such license shall be delivered to the judge of the court of record before whom the acknowledgment is to be taken. If either party to the marriage resides upon an island located not less than twenty-five miles from the office or residence of the town clerk of the town of which such island is a part, and if such office or residence is not on such island such license may be obtained from any justice of the peace residing on such island, and such justice, in respect to powers and duties relating to marriage licenses, shall be subject to the provisions of this article governing town clerks and shall file all statements or affidavits received by him while acting under the provisions of this section with the town clerk of such town. No application for a marriage license shall be denied on the ground that the parties are of the same, or a different, sex.
§ 5. Subdivision 1 of section 11 of the domestic relations law, as amended by chapter 319 of the laws of 1959, is amended and a new subdivision 1-a is added to read as follows:
1. A clergyman or minister of any religion, or by the senior leader, or any of the other leaders, of The Society for Ethical Culture in the city of New York, having its principal office in the borough of Manhattan, or by the leader of The Brooklyn Society for Ethical Culture, having its principal office in the borough of Brooklyn of the city of New York, or of the Westchester Ethical Society, having its principal office in Westchester county, or of the Ethical Culture Society of Long Island, having its principal office in Nassau county, or of the Riverdale-Yonkers Ethical Society having its principal office in Bronx county, or by the leader of any other Ethical Culture Society affiliated with the American Ethical Union; provided that no clergyman or minister as defined in section two of the religious corporations law, or Society for Ethical Culture leader shall be required to solemnize any marriage when acting in his or her capacity under this subdivision.
3 CHAP. 95
1-a. A refusal by a clergyman or minister as defined in section two of the religious corporations law, or Society for Ethical Culture leader to solemnize any marriage under this subdivision shall not create a civil
claim or cause of action.
§ 6. This act shall take effect on the thirtieth day after it shall have become a law.
The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence.
DEAN G. SKELOS SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly