N.Y. Comp. Codes R. & Regs. tit. 9 § 5.34
WHEREAS, it has been, and it remains, the policy of this State not to discriminate on the basis of sexual orientation in the provision of benefits or services and in the State's capacity as an employer;
WHEREAS, Executive Order No. 28, issued November 18, 1983, amended by Executive Order No. 28.1, issued April 21, 1987, has been construed to deny, on account of Federal laws and policies relating to sexual orientation, representatives of the United States armed forces access to the career development facilities and services of the State University of New York;
WHEREAS, a fundamental obligation of the Federal government is to provide for the common defense of the United States and a strong military, fully able to recruit the best and brightest prospects from America's youth, is essential to fulfilling this mission;
WHEREAS, the United States Constitution vests regulation of the United States armed forces exclusively in the President of the United States and the United States Congress, and the states must avoid interference with the national government's exercise of this vitally important duty;
WHEREAS, subsequent to the issuance of Executive Order Nos. 28 and 28.1, a new Federal policy concerning sexual orientation in the military--one that focuses on conduct, rather than orientation--has been enacted by the United States Congress and signed into law by President Clinton;
WHEREAS, in addition to defending and protecting the United States, the national military also serves as one of our country's leading employers, and all New York State's students deserve an unfettered opportunity to become aware of the extraordinary educational, occupational, and career opportunities offered by the military; and
WHEREAS, the United States Department of Defense annually sponsors tens of millions of dollars of research at the State University of New York, and this valuable contribution to New York State's economy is conditioned on allowing military recruiters access to the State University's facilities and services;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby amend the Statement of Policy in Executive Order No. 28 by adding a new paragraph 5 to read as follows:
Signed: George E. PatakiDated: April 9, 1996
[FN[DAGGER]] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
N.Y. Comp. Codes R. & Regs. Tit. 9 § 5.34