Lingering flaws – Gendered Holdouts Nixed in NYS Marriage Equality Amendment

State Senate Republicans, after five years of resistance, support legislative fixes to lingering flaws in law

gay estate planning, family estate planning, estate planning NY

Roughly eight years after the passage of marriage equality in New York, the newly progressive State Senate finally overcame Republican obstruction to fix some lingering flaws in that law. 

The updated law, which unanimously sailed through the upper chamber and awaits another easy passage in the State Assembly, wipes out gendered language within the Estates, Powers, and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA) in order to reflect the intentions of the Marriage Equality Act. 

Spearheaded by out gay Manhattan State Senator Brad Hoylman, the lingering flaws included provisions to remove “paternal” and “maternal” from the EPTL and SCPA and replace those with the phrases “of one parental side” and “the other parental side.” 

Another section of the EPTL was changed to say “spouses, husbands, or wives,” while the SCPA made similar adjustments by swapping out “the father or mother” with “parents” or “either parent.”

“Marriage equality is the law of the land, and all provisions of the law ought to reflect that,” Holyman told Gay City News in a written statement. “I’m proud to see the Democratic Conference acting to advance the rights of LGBTQ New Yorkers after Senate Republicans blocked this bill for five years.”

The law’s passage was a long time coming for Hoylman. But after six IDC members were dethroned during the September primaries and eight new Democrats snagged Republican seats, the blue wave opened up doors to pass a series of bills that were previously blocked by conservatives to fix these lingering flaws.

by Matt Tracy, GAyCityNews.com, February 15, 2019

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Anthony Brown

Anthony Brown

Attorney and Advocate at Time For Families
Who am I? On the deepest level, I am blessed. I have an amazing partner, who I have known since 1989 and been married to since 2004. I am the donor dad of two beautiful daughters who have two moms who are equally amazing. My husband and I have expanded our family through surrogacy and have a seven-year old son. I have had three careers (acting, massage therapy and the law) and I am still discovering myself. I am the Board Chair of Men Having Babies. The one thing I know for sure is that life is about trusting your instincts. Family is an instinct.
Anthony Brown

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