New York
The following is an overview of the laws of the state of New York. It should not be used as legal advice and is provided as information only. Family Fairness does not warrant that this information is current or comprehensive.
Updated: 05/20/2009
Same-Sex Relationships
| Performs Same-Sex Marriages High court ruled that it did not violate the state constitution to deny marriage to same-sex couples. Hernandez v. Robles, 855 N.E.2d 1 (N.Y. 2006) |
No |
| Recognizes Out-of-State Same-Sex Marriage Full marriage rights for couples married in other jurisdictions. Martinez v. County of Monroe, 850 N.Y.S.2d 740 (4th Dept. 2008). |
Yes |
| Other Recognition: None | No |
Gay and Lesbian Adoption
| Single LGBT Adoption State law permits any unmarried adult to adopt. N.Y. DOM. REL. § 110. "Applicants shall not be rejected solely on the basis of homosexuality." N.Y. COMP. CODES R. & REGS. tit. 18, § 421.16(h)(2). |
Yes |
| Joint Same-Sex Adoption No explicit prohibition. Some lower courts have interpreted precedent to allow joint adoption by same-sex parents. |
Maybe |
| Gay or lesbian adoption of a partner's child High court ruled that a same-sex co-parent may adopt his or her partner’s child or a child of that relationship. In the Matter of Jacob, 660 N.E.2d 397 (N.Y. 1995). |
Yes |
Housing Discrimination
| Protections on the basis of sexual orientation NY EXEC. LAW§ 296, 296-a. |
Yes |
| Protections on the basis of gender identity No explicit protections, but some courts have recognized claims of discrimination on the basis of sex. |
Maybe |
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