Court Upholds Same-Sex Marriage Directive In NY
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A state Supreme Court judge ruled today that Gov. Paterson’s directive in May to recognize same-sex marriages performed in other states and countries is legal in New York.
Justice Lucy Billings in Bronx Supreme Court ruled that to “recognize same-sex marriages legally solemnized in other jurisdictions is consistent with New York’s common law, statutory law, and constitutional separation of powers.”
The ruling rejects an argument from the national Alliance Defense Fund that Paterson overstepped his authority by recognizing same-sex marriages because New York doesn’t itself allow for same-sex marriages.
On May 14, Paterson issued a directive to state agencies to allow for gay married couples to have access to the same rights and privileges as heterosexual couples.
Paterson based his decision on a ruling Feb. 1 by an appellate court involving a Monroe County couple, one of whom sued Monroe Community College after the school refused to provide health insurance for her partner, whom she married legally in Canada.
The court ruling said that Patricia Martinez had to be awarded health insurance by the college because of the state’s policy of recognizing marriages performed elsewhere. Monroe County appealed to the state’s highest court, the Court of Appeals, but it was turned down on technical grounds.
Same-sex marriage advocates applauded today’s decision.
“This is yet another example of the Alliance Defense Fund’s failed attempts to challenge well-established New York law,” said Susan Sommer, senior counsel at Lambda Legal, which fought the recent lawsuit against Paterson.
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