§ 13. Marriage licenses. It shall be necessary for all persons
intended to be married in New York state to obtain a marriage license
from a town or city clerk in New York state and to deliver said license,
within sixty days, to the clergyman, magistrate, or one-day marriage
officiant as designated by a town or city clerk pursuant to section
eleven-d of this article who is to officiate before the marriage
ceremony may be performed. In case of a marriage contracted pursuant to
subdivision four of section eleven of this chapter, such license shall
be delivered to the judge of the court of record before whom the
acknowledgment is to be taken. If either party to the marriage resides
upon an island located not less than twenty-five miles from the office
or residence of the town clerk of the town of which such island is a
part, and if such office or residence is not on such island such license
may be obtained from any justice of the peace residing on such island,
and such justice, in respect to powers and duties relating to marriage
licenses, shall be subject to the provisions of this article governing
town clerks and shall file all statements or affidavits received by him
while acting under the provisions of this section with the town clerk of
such town. No application for a marriage license shall be denied on the
ground that the parties are of the same, or a different, sex.