Family Law

NY Court Upholds Marriage Recognition Order

New York, NY—A New York judge ruled Tuesday that Governor David Paterson (D) did not act illegally when he issued a directive ordering state agencies to recognize out-of-state same-sex marriages.

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, said the ruling by Justice Lucy Billings in Bronx Supreme Court.

The conservative Alliance Defense Fund, representing a group of Republican lawmakers, went to court accusing Paterson of overstepping his authority.

The governor has no authority to issue directives which conflict with New York's public policy. His actions are an assault on the democratic process, ADF Senior Legal Counsel Brian Raum argued in court. The future of marriage should be decided by the legislature, not executives who take matters into their own hands.

NYS attorney's representing Paterson argued that the governor was within his constitutional rights to issue directives to state agencies over which he has legal authority.

Paterson issued his directive in May after a midlevel appeals court ruled that a same-sex couple's marriage in Canada should be recognized in New York State.

Neither the ruling nor Paterson's directive allowed for same-sex couples to marry in New York. Both were limited to marriages performed only in California and Massachusetts and in countries which have legalized same-sex marriage.

In 2006, the New York Court of Appeals, the state's highest court, ruled that same-sex couples do not have an automatic constitutional right to marry in the state. It said that the issue, however, could be taken up by the Legislature.

Last year, the Democratically-controlled New York State Assembly passed same-sex marriage legislation but the GOP-controlled Senate has refused to take up the bill.

Raum did not say if he plans an appeal.

Full post as published by NJ Domestic Partnership on September 03, 2008 (boomark / email).