June 25, 2011

The New York State Senate passed the hotly debated same-sex marriage law on Friday evening by a vote of 33-29. The Assembly had passed the bill previously. With Governor Andrew Cuomo's signature minutes later, the law authorizes same-sex couples to be married in New York State beginning on July 24.

The law had been opposed by a number of churches, most notably the Roman Catholic Church, which affirm that the marriage sacrament is ordained by God for a man and a women. Archbishop Timothy Dolan of the Archdiocese of New York expressed it this way: "We as Catholics would oppose any attempt by anybody to redefine marriage, whether that … whomever that may be," he said. "We just don't believe that marriage can be changed and radically altered to accommodate a particular lifestyle."

To gain the support of 4 Republicans in the Senate, strong protection was included in the Act for the views of objecting churches and other faith communities. The Act explicitly provides that no cause of civil action is created whereby a church could be sued for its refusal to perform a gay wedding or provide facilities in connection with such a wedding. This protection is extended to "benevolent" associations such as the Knights of Columbus, as well as to members of the clergy. It also forbids any government retaliation against churches which refuse to support gay marriage by the denial of contracts, etc. The pertinent sections of the Act are reprinted below.

Not surprisingly, the debate over gay marriage has divided individual churches and denominations, as well as the society at large. The ordination and continuation in ministry of gay or lesbian persons has been a source of conflict in many denominations since the early 1970s. The Episcopal Church has seen a number of congregations leave the denomination in the past several years over that issue and litigation over parish property has filled the Courts.

Some churches will, undoubtedly, embrace the new law; others will not. In order that the government remain neutral as respects the religious beliefs and the actions which flow from those beliefs, it is essential that the religious liberty rights of all be respected and protected.

Excepts from the Same Sex Marriage Act
Protecting Religious Liberty

AN ACT to amend the domestic relations law, in relation to the ability to marry; and to amend a chapter of the laws of 2011, amending the domestic relations law relating to the ability to marry, as proposed in legislative bill number A. 8354, in relation to the statutory construction of such chapter; and repealing certain provisions of the domestic relations law relating to parties to a marriage

The people of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1.

Section 10-b of the domestic relations law, as added by a chapter of the laws of 2011, amending the domestic relations law relating to the ability to marry, as proposed in legislative bill number A. 8354, is REPEALED and a new section 10-b is added to read as follows:

S 10-B. RELIGIOUS EXCEPTION. 1. Notwithstanding any state, local or municipal law, rule, regulation, ordinance, or other provision of law to the contrary, a religious entity as defined under the education law or section two of the religious corporations law, or 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 not-for-profit corporation operated, supervised, or controlled by a religious corporation, or any employee thereof, being managed, directed, or supervised by or in conjunction with a religious corporation, benevolent order, or a not-for-profit corporation as described in this subdivision, shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage. Any such refusal to provide services, accommodations, advantages, facilities, goods, or privileges shall not create any civil claim or cause of action or result in any state or local government action to penalize, withhold benefits, or discriminate against such religious corporation, benevolent order, a not-for-profit explanation. A 8520 corporation operated, supervised, or controlled by a religious corporation, or any employee thereof being managed, directed, or supervised by or in conjunction with a religious corporation, benevolent order, or a not-for-profit corporation.

2. Notwithstanding any state, local or municipal law or rule, regulation, ordinance, or other provision of law to the contrary, nothing in this article shall limit or diminish the right, pursuant to subdivision eleven of section two hundred ninety-six of the executive law, of 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, to limit employment or sales or rental of housing accommodations or admission to or give 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.

3. Nothing in this section shall be deemed or construed to limit the protections and exemptions otherwise provided to religious organizations under section three of article one of the constitution of the State of New York.

S 2. Subdivision 1-a of Section 11 of the Domestic Relations Law, as added by a chapter of the laws of 2011, amending the domestic relations law relating to the ability to marry, as proposed in legislative bill number A.8354, is amended to read as follows:

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 or result in any state or local government action to penalize, withhold benefits or discriminate against such clergyman or minister.

S 3. A chapter of the laws of 2011, amending the domestic relations law relating to the ability to marry, as proposed in legislative bill number A. 8354, is amended by adding a new section 5-a to read as follows:

S 5-A. This act is to be construed as a whole, and all parts of it are to be read and construed together. If any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, the remainder of this act shall be invalidated. Nothing herein shall be construed to affect the parties' right to appeal the matter.

S 4. This act shall take effect on the same date as such chapter of the laws of 2011, takes effect.

Queens Federation of Churches