Lawyers Manual - Unified Court System

406 Sharon Stapel
Overview of Legally Recognized LGBT Relationships in New
York City and New York State
Legal Recognition of Partnerships Between Same-Sex Couples
While same-sex battering in many ways mirrors heterosexual battering, both
in type and prevalence, LGBT victims receive fewer protections. Despite
legislative advances, many laws fail to recognize a legal relationship between
same-sex intimate partners. 14 The legal recognition that a court or statute gives
to a relationship largely defines the remedies available to the parties in that
relationship. For bisexual and transgender people involved with someone of the
opposite gender15 the relationship may be defined as a traditional “straight”
relationship for the purposes of marriage licenses, domestic partnerships or
other opposite-sex specific relationship criteria as defined in the Family Court
Act or Domestic Relations Law.
For lesbians, gay men, bisexuals, and trans people involved in a same-sex
relationship, the process of determining whether the relationship is legally
recognized is a bit more difficult.
Same-sex marriage and civil unions are not recognized in New York City or
New York State. 16 Domestic partnerships are recognized by a few localities, 17
but they do not confer the general state and federal protections or privileges of
marriage and do not give partners direct access to traditional legal protection
from domestic violence. 18
New York courts and legislative efforts have created some recognition for
same-sex couples; however, few of these rights apply to protections from
domestic violence. 19 One significant right that might help victims of domestic
violence is compensation from the Crime Victims Board for same-sex
domestic partners of crime victims, which was recently extended to all
domestic partners. 20
The Family Court Act (FCA) defines “family” as relationship through blood
or marriage (spouse or former spouse, or in-laws) or a child in common. 21 This
definition could include bisexual and transgender clients who marry oppositesex
partners and same-sex couples who adopt a child in common. 22 However,
this definition of family prevents the majority of LGBT people in long-term,
committed relationships, most of whom are not married and do not have a child
in common, from obtaining relief in Family Court. 23