Labor & Employment Law

Same gender marriage

By Harvey Randall, Esq.

Same gender marriage
Martinez v Monroe County Community College, 2008 NY Slip Op 0090, Appellate Division, Fourth Department, Decided on February 1, 2008

Patricia Martinez married Lisa Ann Golden in the Province of Ontario, Canada. When Monroe County Community College refused to recognize her marriage for purposes of approving her application for her spousal health care benefits. Martinez sued, alleging that the College?s decision violated her rights under the Equal Protection Clause of the New York State Constitution and Executive Law §296.

Rejecting Monroe?s argument that same-sex marriage is contrary to the public policy of New York as articulated by the Court of Appeals in Hernandez v Robles (7 NY3d 338), the Appellate Division said that ?Hernandez does not articulate the public policy for which it is cited by [Monroe County Community College], but instead holds merely that the New York State Constitution does not compel recognition of same-sex marriages solemnized in New York.?

The Appellate Division concluded that Martinez's marriage to Golden, valid in the Province of Ontario, Canada, is entitled to recognition in New York in the absence of express legislation to the contrary. Accordingly, the court said that by refusing to recognize Martinez?s valid Canadian marriage, the Community College violated Executive Law §296(1)(a), which forbids an employer from discriminating against an employee "in compensation or in terms, conditions or privileges of employment" because of the employee's sexual orientation.

Full post as published by New York Public Personnel Law on March 03, 2008 (boomark / email).