Is same-sex marriage legal in New York?

Full question:

I live in New York. I like to marry a person of the same sex. I want to know the legal validity of such marriages. Is it possible to have same-sex marriages in New York?

Category: Marriage
Date: 04/07/2025
State: New York

Answer:

Yes, same-sex marriages are legally recognized in New York due to the Marriage Equality Act of 2011. This law ensures that same-sex couples have the same rights, responsibilities, and benefits as heterosexual couples in civil marriage.

According to New York law (NY CLS Dom Rel § 10-a), a marriage is valid regardless of whether the partners are of the same or different sex. Furthermore, all legal rights and responsibilities related to marriage must be applied equally, without discrimination based on the sex of the partners. Gender-specific terms in the law are interpreted in a gender-neutral way to support this equality.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Are same-sex marriages recognized by the IRS?

Yes, same-sex marriages are recognized by the IRS. This means that same-sex couples can file their federal taxes jointly and receive the same tax benefits as heterosexual couples. The IRS follows the definition of marriage as stated in the Supreme Court ruling in Obergefell v. Hodges, which legalized same-sex marriage nationwide. This recognition applies to all tax-related matters, including deductions and credits. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

How long do you have to live with someone to be considered married in NY?

In New York, there is no specific cohabitation period required to be considered married. Marriage is a legal contract that requires a license, and living together does not automatically confer marital status. However, if you are living together and wish to establish a common law marriage, New York does not recognize this type of marriage. Legal marriage requires a formal ceremony and a marriage license. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Who can legally officiate a wedding in NY?

In New York, weddings can be officiated by various individuals, including licensed ministers, priests, rabbis, and other religious leaders. Additionally, a judge or a public official can perform the ceremony. Friends or family members can also officiate if they obtain an online ordination. It's essential to ensure that the officiant is legally recognized to perform marriages in New York. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Who can legally marry couples in New York?

In New York, couples can be married by a variety of individuals, including licensed religious officiants, judges, and certain public officials. This includes mayors and other designated officials. The officiant must be authorized to perform marriage ceremonies under New York law. Couples should ensure that their chosen officiant meets these legal requirements. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Does New York allow common law marriage?

No, New York does not recognize common law marriage. Couples must obtain a marriage license and participate in a formal ceremony to be legally married in the state. While couples may live together and consider themselves married, without a legal ceremony, they do not have the same rights and responsibilities as legally married couples. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*