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Public Defense

New York has full faith and credit

By Gideon (index)

In a very, very interesting move, N.Y. Governor David Paterson has directed state agencies to revise their regulations to recognize same-sex marriages performed in other jurisdictions.

This will make NY the first (and only?) state to have no legislation permitting same-sex marriages, but policies recognizing those marriages from other states.

The 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.

In a videotaped message given to gay community leaders at a dinner on May 17, Mr. Paterson described the move as ?a strong step toward marriage equality.? And people on both sides of the issue said it moved the state closer to fully legalizing same-sex unions in this state.

This is an novel idea and I have to commend Gov. Paterson for trying. It doesn’t seem as though the state legislature will legalize same-sex marriage anytime soon, so this, at least, affords same-sex couples the same protections that married heterosexual couples receive.

The directive cited a Feb. 1 ruling by a State Appellate Court in Rochester that Patricia Martinez, who works at Monroe Community College and who married her partner in Canada, could not be denied health benefits by the college because of New York?s longstanding policy of recognizing marriages performed elsewhere, even if they are not explicitly allowed under New York law. The appeals court said that New York must recognize marriages performed in other states that allow the practice and in countries that permit it, like Canada and Spain.

?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.?

I agree. While the legislature sorts itself out, the citizens should not be at a disadvantage. Good for him.

Tags: governor+paterson, same+sex+marriage, new+york

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Full post as published by A Public Defender on May 28, 2008 (boomark / email).