Process of Same Sex Marriage Explained

Three Long Island experts on various facets of marriage met Wednesday to explain the rules and procedures for same-sex marriages.

Though same-sex marriage passed in New York State on June 24, the language of the marriage license hasn’t been made clear yet,  Clerk Leslie Gross said. Gross is hoping that clarification on the language that now suits heterosexual marriages with the phrase “husband and wife” will come within the next few days.

“The language will be gender neutral; that’s what the law states,” Gross said.

Gross added that so long as the officiant says “I pronounce you” that the marriage should be considered complete and she threw out ideas for words to be used thereafter such as “married” and a panel discussion attendee suggested “united in love.”

Marriage licenses can begin being given out within 30 days of June 24, which is a Sunday. The Town of North Hempstead’s clerk’s office is leaning toward opening that day, Gross said.  Most clerk’s offices are not typically open on Sundays.

“I’m looking to try to help people out,” Gross said.

Getting a license in the Town of North Hempstead on July 24, if that does in fact happen, could be a help to the more than 80 same-sex couples from various parts of Long Island who will be getting married on July 26 in a large ceremony at the Carlyle on the Green in Bethpage.

Another area that needs clarification in the future regarding same sex- marriage is how same-sex couples will file taxes.

“There are half a dozen areas where the federal tax laws work in a way that would be against your being married and how that’s going to impact" on New York State’s tax laws, said Harvey Susnick, partner at Jericho-based Berdon LLP.

It is unclear whether same-sex couples can file jointly because of federal tax laws, Susnick said.

Randi Milgrim, partner at Glen Cove-based Mejias Milgrim Alvarado, discussed various legal aspects of marriage, such as how assets will be treated and what happens if there is a divorce. One of her suggestions was that if a couple has a child, the non-biological parent adopt the child to ensure that they have all of the rights that they should to take care of that child.

“They’ve waited a really long time and I’m hoping that they have the secret to a long, successful marriage which they can really appreciate [it],” Milgrim said.

The panel met at the Long Island Gay Lesbian Bisexual Transgender Community Center in Bay Shore.