The O-town Scene

THE MARRIAGE EQUALITY ACT goes into effect in New York state July 24 Diversity Rules by Jim Koury Celebrate with the Oneonta Marriage Equality Party July 24 is a day many gay and lesbian New Yorkers have been waiting for so ever patiently. Loving couples, many together for decades, will be able to finalize their love for each other legally and obtain all the benefits of marriage accorded by the state. Although full federal equality has not been reached, we can relish in the glow of a very hard-fought victory in New York. July 24 will be a celebration day for equality. In order to commemorate the arrival of legal same-sex marriage, a marriage equality party is scheduled for Sunday, July 24, from 4 to 7 p.m. at the Oneonta Theatre. Diversity Rules Magazine, which I am the founding editor, is the organizer of the event, and there are some exciting things planned. For entertainment, singer Lukus Wells of Binghamton will sing songs off his debut CD, “Diagonal.” I am honored that he has agreed to participate in the Oneonta event. His angelic vocals, haunting melodies and unique perspective will have you wanting to listen more. There will be a silent auction and a 50-50 raffle, with some very cool items being donated. (You will have to attend to find out what they are.) Proceeds will be donated to the Human Rights Campaign and the local PFLAG Chapter, as well as help to cover the expenses of the party. An open mic will be available for people to express their thoughts about what marriage equality means to them, to announce wedding plans or just to extend words of support. There will be comments made by yours truly, of course. While the novelty of same-sex marriage will eventually wear off, July 24 is a day to celebrate the arrival of equality in New York. Come join us at the Oneonta Theatre for a few hours of fun, food and good will. Times, they are a changing, and the change cer- tainly is for the better. — Jim Koury Jim Koury was born and raised in One- onta. He is a gay activist, and the city clerk of Oneonta, a position he has held for 18 years. He can be reached at editor@diversi- tyrulesmagazine.com.ou 20 O-Town Scene July 21, 2011 same-sex couples On July 24, New York becomes the latest state permitting same-sex marriage. After all the debate, what does the Marriage Equal- ity Act mean besides having to buy wedding presents for friends, and increasing the pressure to find someone for those of us who are single? Marriage opens to GUEST COLUMN Under the Act, two single individuals, regardless of gender, may marry provided they are 18 or older and not related as an ancestor and descendant (grandparent-grandchild, for example), are not sib- lings, and are not uncle or aunt and niece or nephew. First cousins are allowed to marry. Someone who is 16 or 17 may marry with the writ- ten permission of both parents, while someone 14 or 15 may marry with the written permission of both parents and the consent of either a state supreme court justice or a family court judge. Same-sex couples may apply to a city or town clerk for a marriage license. Nothing in the Act allows the clerk to deny the license if the clerk personally opposes same-sex marriage. Any clerk refusing to is- sue a license is to an Article 78 action in state supreme court, compel- ling the clerk to perform his or her official duties. There is a 24-hour waiting period between the issuance of the marriage license and the ceremony. Since July 24 is a Sunday, July 25 is the first day most clerks will issue licenses to same-sex couples. Clerks might not work Sunday, so the first weddings will probably be Tuesday, July 26. The Act also provides that any law providing a status or benefit based on marital status (1,324 according to Empire State Pride Agenda) shall apply equally to opposite and same-sex couples. For example, same-sex couples will be able to file joint income tax returns with the state (although DOMA prohibits joint federal returns) and in- herit under New York’s intestacy laws should either spouse die without a will. The unfortunate news for same-sex couples who have been planning to tie the knot under the drop ceilings and florescent lighting of the local Knights of Columbus or Elks hall, you probably won’t be able to. Nor will any clergy be obligated to perform a same-sex marriage if it would violate the clery’s religious beliefs. These fall under the conscious exception included in the Act to garner the additional votes needed for pas- sage. But even with these hindrances, same-sex couples will indeed be able to marry. Brian Haak Brian R. Haak is a graduate of Albany Law School. He is a lawyer with the New York state Assembly. Originally from Montgomery County, he now lives in Latham. the Diversity Scene July 21-27

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