Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Recognizing same-sex marriage for the purpose of qualifying for spousal benefits in the New York State's employees? health insurance plan [NYSHIP]

Recognizing same-sex marriage for the purpose of qualifying for spousal benefits in the New York State's employees? health insurance plan [NYSHIP]
Lewis v New York State Dept. of Civ. Serv., 2009 NY Slip Op 00283, Decided on January 22, 2009, Appellate Division, Third Department

Kenneth J. Lewis objected to the Department of Civil Service?s decision to recognize the parties to a same-sex marriage as spouses if their marriage were valid in the jurisdiction where it was solemnized, thereby allowing such spouses of state employees access to the benefits provided under the New York State Health Insurance.

Supreme Court granted the Department?s motion for summary judgment, dismissing Lewis? petition, citing the Appellate Division, 4th Department?s decision holding that New York's marriage recognition rule requires the recognition of out-of-state same-sex marriages [Martinez v County of Monroe (50 AD3d 189].

The Third Department noted that ?While the type of marriage involved here is relatively novel, there are longstanding rules of law that have guided our courts in determining whether persons validly married elsewhere will be considered married in New York? under the principles of comity and choice of law that give controlling effect to the laws of other jurisdictions ?unless they would do violence to some strong public policy of this [s]tate.?

New York courts must follow these principles unless the out-of-state marriage falls within one of two exceptions:

1. There is a "New York statute expressing clearly the Legislature's intent to regulate within this [s]tate marriages of its domiciliaries solemnized abroad" and

2. There is ?an aspect of the out-of-state marriage is abhorrent to New York public policy, such as incest or polygamy.?

Accordingly, the Appellate Division concluded that ?regardless of how we define marriage in New York, we must apply the marriage recognition rule to determine whether we will recognize same-sex out-of-state marriages for the purpose of according their parties spousal benefits.?

The court also rejected Lewis? argument that health insurance benefits cannot be extended to the parties to a same-sex marriage because they are not "spouses" as normally defined under Civil Service Law Article 11.

The text of the Lewis decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_00283.htm

Full post as published by New York Public Personnel Law on January 28, 2009 (boomark / email).