New York Public Personnel Law: New York State's Marriage Equality Act

August 25, 2011

New York State's Marriage Equality Act

New York State's Marriage Equality Act

Source: New York State Department of Civil Service GENERAL INFORMATION BULLETIN No. 11-04

On August 25, 2011, Acting Commissioner Patricia A. Hite distributed the New York State Department of Civil Service"s GENERAL INFORMATION BULLETIN No. 11-04 to all department and agency human resource personnel and affirmative action officers; and agency counsels.

The text of Bulletin #11-04 is set out below:

“As you are aware, the Marriage Equality Act, signed by Governor Cuomo, became effective July 24, 2011. The Act amends the Domestic Relations Law to provide that a marriage that is otherwise valid shall be valid in New York regardless of whether the parties to the marriage are of the same or different sex. No State government employee shall be treated differently with respect to the rights, benefits, privileges, protections or responsibilities relating to marriage based upon their spouse being of the same sex or a different sex.

“Since April 2007, the Department has extended recognition to same-sex spouses in legal marriages from other jurisdictions for purposes of spousal benefits under NYSHIP. Additionally, in light of several court decisions and consistent with State policy, the Department conducted a review of state statutes, policy statements and regulations to ensure that terms such as "spouse", "husband" and "wife" are construed in a manner that encompasses legally executed marriages between same-sex couples. With the enactment of the Marriage Equality Act, individuals of the same sex may be lawfully married and may not lawfully be denied any State government right, benefit, protection or privilege. If you are aware of any policy or regulation relating to employment with the State which continues a distinction based upon whether parties to a marriage are of the same or a different sex, please bring it to the attention of the Department immediately.

“If you have any questions concerning health benefits for same sex spouses, please contact Mary Frye, Assistant Director of the Employee Benefits Division of the Department of Civil Service, at (518) 485-1771.

"For any other employment related questions or concerns, please call Mark Worden in Counsel's Office of the Department of Civil Service at (518) 457-2624.”

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.