A Look at New York's Marriage Equality Act

In my recent interview with CBS 6, I spoke about the recent passage of New York's Marriage Equality Act.

The Marriage Equality Act unilaterally is a huge step forward for same-sex couples in New York State. Effective July 24, 2011, the Act instills the right to obtain a marriage license and to marry. Under the Act, same-sex couples will be able to:

• Enter into binding prenuptial agreements
• Visit their spouse in the hospital
• Be covered under a spouse's health insurance
• Enjoy property ownership and inheritance rights

These are only a few of the rights that same-sex couples in New York will now have.

Presumably, upon the dissolution of the marriage, equitable distribution of marital assets, spousal maintenance and child support will all be available to same sex couples as well.

Children born during the marriage under the new Act will likely enjoy the presumption that both parties are the parents of the child; the adoption of the children born before same-sex marriage was legalized should be easier to achieve.

Despite the New York State Marriage Equality Act, same-sex couples will not have the right to file a Federal Income Tax return as a married couple, with all the benefits and deductions that accompany that right due to the Defense of Marriage Act. However, the Act will allow same-sex couples to file a state return together under New York State law.

With a state as large as New York extending this right to same-sex couples, it will be interesting to see how other states respond to the demands of constituents wanting the extension of this right.