July 21, 2011
SAME-SEX MARRIAGE IN NEW YORK EFFECTIVE SUNDAY, JULY
24: STATE BAR OFFERS LEGAL GUIDES FOR COUPLES AND ATTORNEYS
How do same-sex couples get married in New York? Can a
couple get married if they previously entered into a civil union or
domestic partnership in New York or in another state or country? Can
same-sex spouses change their names if they marry in New York? Does the
Federal Defense of Marriage Act give other states the right not to
recognize a New York marriage? Is a spouse liable for the other
spouse’s debts? How are children affected by same-sex
marriages?
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Same-sex couples are asking questions like these with the approach of
July 24, the first day they legally can wed in New York. As couples,
attorneys and others navigate the new legal landscape, the New York
State Bar Association is offering :
• A brochure of Frequently Asked Questions (FAQ) released
today by the Bar Association and its Committee on LGBT People and the
Law. This 8-page brochure can be downloaded at www.nysba.org/MarriageEqualityFAQ.
• A four-and-a-half-hour seminar, entitled “Same Sex
Marriage in New York: What Every Practitioner Needs to
Know”. This Continuing Legal Education (CLE) course will be held
live in New York City on Friday, September 9, 2011 and
available via webcast statewide. For complete program information
and to register online go to www.nysba.org/samesexmarriageinNY.
“The Marriage Equality Act provides same-sex couples in
New York with important protections and legal rights,” said
Association President Vincent E. Doyle III of Buffalo (Connors &
Vilardo LLP), noting that the Association has long supported the new
law, which takes effect Sunday. “Significantly, many areas of the
law are unclear. We hope our FAQ and CLE will help clarify the issues
involved.”
“The law granting same-sex couples the right to marry is a
triumph for equality,” said Michele Kahn, who chairs the Bar
Association’s Committee on LGBT People and the Law.
“We want to provide same-sex couples and attorneys with
information about the legal steps necessary to get married and an
understanding of the legal rights and obligations arising from a
marriage. We also want to make them aware that there are many open
issues about how the law will be applied. Among them: how other states
and countries will view New York marriages and how federal laws impose
roadblocks to full recognition and equal treatment.”
Frequently Asked Questions Brochure
The FAQ brochure, developed by a panel of legal experts, addresses a
wide range of issues involving the Marriage Equality Act. They
include: residency requirements; waiting periods; who is
authorized to perform marriages; name changes; validity of New York
same-sex marriages in other states; general rights and obligations that
come with marriage; prenuptial agreements; and children, parental rights
and non-biological adoptions.
The FAQ recommends that same-sex couples travel with copies of health
care proxies, powers of attorney and hospital visitation authorization
forms for use in the event of an emergency. It also warns that even
these documents may not protect same-sex couples if the laws of a
particular jurisdiction do not recognize their validity. (Link: www.nysba.org/MarriageEqualityFAQ.)
The State Bar urges any couple considering marriage to consult with a
lawyer and a tax expert.
Continuing Legal Education Seminar
To educate the legal profession about the new law, the State Bar
Association is sponsoring a Continuing Legal Education (CLE) program on
the legal implications of the Marriage Equality Act. The
presentation will take place on Friday, September 9, 2011, from 9 a.m.
to 1:15 p.m. at the Affinia Hotel in Manhattan. It also will be
simulcast statewide via webcast. Participants will earn 4.5 Professional
Practice MCLE credits.
The program, “Same-Sex Marriage in New York: What Every
Practitioner Needs to Know”, is sponsored by the Committee on LGBT
People and the Law. Co-sponsors include the Family Law, Trusts &
Estates Law and Tax sections of the State Bar Association.
Designed for both general practitioners and specialists, the program
will examine how same sex-marriages differ from opposite-sex
marriages. The goal is to prepare attorneys to give their clients
proper advice and counsel on numerous issues, including estate planning,
children, dissolution, divorce, taxes, pre-nuptial agreements, and
interstate recognition of New York same-sex marriages.
For complete program information and to register online, please go to
www.nysba.org/samesexmarriageinNY.
The 77,000-member New York State Bar Association is the largest
voluntary state bar association in the nation. It was founded in
1876.
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