New York Domestic Partner Benefits laws & HR compliance analysis

New York Domestic Partner Benefits: What you need to know

The New York Marriage Equality Act gives same-sex couples the right to marry (NY Dom. Rel. Law Sec. 10-a). Under the Act, a marriage that is otherwise valid is legally recognized regardless of whether the parties to the marriage are of the same or different sex. The same rights, benefits, privileges, protections, and responsibilities under state law apply to married same-sex couples and opposite-sex couples.
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Exception. It is not a violation of the Act for a religious organization or a nonprofit organization operated, supervised, or controlled by a religious organization to limit employment or give preference to persons of the same religion in order to promote the religious principles of the organization.
In 2015, the U.S. Supreme Court issued a decision legalizing same-sex marriage in all states and requiring all states to recognize same-sex marriages legally performed in other jurisdictions (Obergefell v. Hodges, 135 S.Ct. 2584 (2015)).
Spouses in a same-sex marriage have all rights and benefits as spouses in an opposite-sex marriage. Any references in state law to the spousal relationship apply equally to same-sex marriages. Parties to a same-sex marriage, therefore, are entitled to family leave benefits, deductions provided for under state and municipal taxation, and public assistance benefits.
Employers in New York generally are required to provide the same benefits, such as health insurance, to same-sex spouses of employees as provided to opposite-sex spouses.
Note: The U.S. Supreme Court has struck down as unconstitutional Section 3 of the federal Defense of Marriage Act (DOMA), which defined marriage as only between a man and a woman (United States v. Windsor, 133 S.Ct. 2675 ...

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New York Domestic Partner Benefits Resources

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