Legislative Memo: Anti-Marriage Fairness Bill (2008)

Subject: A.4978 / Seminerio S.2800 / Maltese, et al. (AN ACT to amend the domestic relations law, in relation to void marriages) Position: Strongly Opposed New York State has a longstanding tradition of protecting the rights, freedoms and dignity of all of its residents and their families. The proposed legislation, which seeks to render void marriages “contracted by two people of the same sex, regardless of whether such marriage or union is recognized or solemnized by another jurisdiction,” is not only a rejection of New York State legal tradition, but it is also a retreat from a century old common law rule that calls on our state to respect a marriage performed elsewhere, even if that marriage could not be performed in this state. To single out marriages between lesbian and gay couples and deny their access to critical protections long afforded to other families would amount to discrimination and introduce injustice and unfairness into our state law. The proposed legislation stands in stark contrast to New York’s history and current practice of protecting the welfare of its families, and the NYCLU strongly opposes A.4978/S.2800.

Legislative Memo: Letter to Assembly on Same-Sex Marriage Rights

New York State Assembly Albany, New York 12248 Dear Assembly Member: The NYCLU strongly and unequivocally supports A.8590 that would amend state law to recognize of the right of same-sex persons to enter into marriage. For half a century the NYCLU has been a preeminent advocate on behalf of New Yorkers’ civil rights and civil liberties. The right of same-sex partners to marry and, more broadly, all the rights and liberties of lesbians, gays, bisexual and transgender persons are core concerns of the NYCLU’s nearly 50,000 members. Today, in 2007, we have arrived at an historic moment in which there is growing awareness statewide – both in our communities and at the Capitol – that discrimination based on sexual orientation and gender identity is irrational, cruel and unjust. This injustice has gone on long enough. Until New York recognizes the civil marriage of same-sex couples, the rights and liberties promised in the federal and state constitutions are diminished for us all.

Legislative Memo: The Healthy Teens Act

S.1342/ Winner et al. A.2856/ Gottfried et al. (AN ACT to amend the public health law in relation to establishing the age-appropriate sex education grant program, to be referred to as the Healthy Teens Act) Position: SUPPORT The Healthy Teens Act This bill, the Healthy Teens Act, would award funding for school districts, boards of cooperative education services and community-based organizations to provide comprehensive sex education programs for young people. The NYCLU strongly supports this legislation.

Legislative Memo: Human Rights Complaints

A.3252/ Peoples et al. (AN ACT to amend the executive law, in relation to time for filing a complaint with the state division of human rights) Position: SUPPORT This bill amends the executive law to increase the time for filing a complaint with the Division of Human Rights from one to three years. The Human Rights Law allots victims of discrimination two methods of seeking recourse: they may either file an administrative complaint with the State Division of Human Rights, or pursue a civil cause of action. An administrative complaint must be made within one year after the discrimination occurred; however the filing time for the institution of a civil cause of action to recover damages for unlawful discriminatory practices is three years. Many victims of discrimination do not immediately file complaints due to fear of retaliation from the person they are filing against (employer, landlord, etc.) or are simply unaware that legal recourse is available.

Legislative Memo: Discrimination Based on Sexual Orientation

A. 811-A/ Sanders et al. S. 782-A/Goodman et al. -- AN ACT to amend the executive law, the civil rights law and the education law in relation to prohibiting discrimination based on sexual orientation. Position: Support This bill would extend the reach of New York State's civil rights and human rights protections to more than one million New Yorkers who are gay, lesbian or bisexual. The New York Civil Liberties Union strongly supports equal protection under the law for gays, lesbians and bisexuals. Consequently, we strongly urge the passage of this bill. The bill would bar discrimination on the basis of sexual orientation in employment, education, public accommodations, credit applications and housing. In essence, it would establish the principle that one cannot be denied the basic necessities of life -- whether it be a job or an apartment or service in a restaurant -- because one is believed to be gay, lesbian, or bisexual.

Legislative Memo: Sex Discrimination

A. 2826 / S. 425 Outlawing Discrimination Based on Sexual Orientation POSITION: SUPPORT AN ACT to amend the executive law, the civil rights law and the education law in relation to prohibiting discrimination based on sexual orientation. This bill would extend the reach of New York State's civil rights and human rights protections to more than one million New Yorkers who are gay, lesbian or bisexual. The New York Civil Liberties Union strongly supports equal protection under the law for gays, lesbians and bisexuals. Consequently, we strongly urge the passage of this bill.

Legislative Memo: Discrimination Based on Sexual Orientation -- Insurance

A.5046/Gottfried et al. S.786/Goodman, Hoffman -- AN ACT to amend the insurance law, in relation to discrimination because of sexual orientation. Position: Support This bill would amend the insurance law to prevent insurance companies from discriminating on the basis of sexual orientation. The New York Civil Liberties Union strongly supports equal protection under the law for gays, lesbians and bisexuals and we strongly urge the passage of this bill. In particular, this bill would outlaw insurance companies from charging higher rates, making stipulations on the services rendered or the amount of the policy, rejecting the policy and refusing to renew, issue or sell a policy to a person due to their sexual orientation. Current insurance law affords these protections against discrimination based on the applicant’s race, color, creed, national origin and disability. This bill also would make it illegal for a company to inquire about a person’s sexual orientation in its insurance application process. The right to legal equality for gays, lesbians and bisexuals rests upon several fundamental constitutional principles. The fundamental right to privacy is guaranteed by the Fourth, Fifth, Ninth and Fourteenth Amendments. Several Supreme Court decisions have underscored the principle that decisions about intimate relationships are personal and should be left up to the individual, including Griswold v. Connecticut, Loving v. Virginia, Eisenstadt v. Baird, and Roe v. Wade. Accordingly, the equality principle of the Fourteenth Amendment should be understood as protecting individuals against discrimination on the basis of sexual preference or orientation.

Legislative Memo: Discrimination Based on Sexual Orientation – Insurance (2001)

A.2678/Gottfried et al. S.719/Goodman -- AN ACT to amend the insurance law, in relation to discrimination because of sexual orientation. Position: Support This bill would amend the insurance law to prevent insurance companies from discriminating on the basis of sexual orientation. The New York Civil Liberties Union strongly supports equal protection under the law for gays, lesbians and bisexuals and we strongly urge the passage of this bill. In particular, this bill would outlaw insurance companies from charging higher rates, making stipulations on the services rendered or the amount of the policy, rejecting the policy and refusing to renew, issue or sell a policy to a person due to their sexual orientation. Current insurance law affords these protections against discrimination based on the applicant’s race, color, creed, national origin and disability. This bill also would make it illegal for a company to inquire about a person’s sexual orientation in its insurance application process.

Legislative Memo: Sexual Orientation Non-Discrimination (2001)

A. 1971/Sanders et al. S. 720/Goodman -- AN ACT to amend the executive law, the civil rights law and the education law, in relation to prohibiting discrimination based on sexual orientation. Position: Support This bill would extend the reach of New York State's civil rights and human rights protections to more than one million New Yorkers who are gay, lesbian or bisexual. The New York Civil Liberties Union strongly supports equal protection under the law for gays, lesbians and bisexuals. Consequently, we strongly urge the passage of this bill. The bill would bar discrimination on the basis of sexual orientation in employment, education, public accommodations, credit applications and housing. In essence, it would establish the principle that one cannot be denied the basic necessities of life -- whether it be a job or an apartment or service in a restaurant -- because one is believed to be gay, lesbian, or bisexual.

Legislative Memo: Preventing Discrimination On The Basis Of Sexual Orientation (2005)

A.2678/Gottfried et al. -- AN ACT to amend the insurance law, in relation to discrimination because of sexual orientation. Position: SUPPORT This bill was passed in the Assembly and delivered to the Senate, where it was referred to the Insurance Committee. The bill was stalled in committee and did not pass in the 2005 legislative session. This bill would amend the insurance law to prevent insurance companies from discriminating on the basis of sexual orientation. The New York Civil Liberties Union strongly supports equal protection under the law for gays, lesbians and bisexuals and we strongly urge the passage of this bill.