Legal News

Empire State to Recognize Same-Sex Marriages Performed Elsewhere

By Ashby Jones

Among the states, only California and Massachusetts have legalized gay marriage. But New York moved closer earlier this month when new Governor David Paterson (pictured) directed all state agencies to begin to revise their policies and regulations to recognize same-sex marriages performed in other jurisdictions. Here’s the story from the NYT.

Legal experts said Mr. Paterson’s decision would make New York the only state that did not itself allow gay marriage but fully recognized same-sex unions entered into elsewhere.

In a videotaped message given to gay community leaders at a dinner on May 17, Paterson described the directive, issued one day prior to the California ruling, as “a strong step toward marriage equality.” According to the Times, revisions are most likely to involve as many as 1,300 statutes and regulations in New York governing everything from joint filing of income tax returns to transferring fishing licenses between spouses.

The directive cited a Feb. 1 ruling by a State Appellate Court in Rochester that a woman who married her partner in Canada, could not be denied health benefits by a state college, even if same-sex marriages are not explicitly allowed under New York law. Monroe County filed an appeal with the New York state Court of Appeals, but it was rejected on technical grounds. The county has not decided whether to file another appeal, a county spokesman said on Wednesday.

Groups that oppose gay marriage said the governor was essentially trying to circumvent the Legislature. “It’s a perfect example of a governor overstepping his authority and sidestepping the democratic process,” said Brian Raum, senior legal counsel for the Alliance Defense Fund, a national organization opposed to same-sex marriage. “It’s an issue of public policy that should be decided by the voters.”

Gay rights advocates, however, applauded the move. “He saw no reason to stand in the way of making sure these couples benefit from the rights and protections that come with marriage,” said Susan Sommer, senior counsel for Lambda Legal, a group that advocates for gay rights. “It shouldn’t be the burden of each lesbian or gay couple to have to advocate before an agency every time a new issue comes up.”

Photo: Associated Press

Full post as published by Law Blog - WSJ.com on May 29, 2008 (boomark / email).