The State of New York does not recognize a common law marriage, but legislation to legalize same-sex marriage in New York is going to Governor Cuomo, who is expected to approve the bill by signing his name to it.
The English common law is the law in 49 of the 50 States of the Confederacy under the Articles of Confederation of November 15, 1777. Currently, the District of Columbia and these five States: Massachusetts, Connecticut, Iowa, Vermont and New Hampshire, all of the second Union, the United States, grant same-sex marriage licenses.
Because Washington, D.C. was part of Maryland, a common law State, the English common law applies there today. Granting the District of Columbia home rule allowed local government to license same sex marriages.
This is all an intelligent person needs to know to figure that the English common law still applies where the federal government, the United States of America, under the Articles of Confederation of November 15, 1777 does not own the land.
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