NY Courts Okay Out-of-NY Gay Marriages

[Ian David]

Comity keeps coming. In Rochester, New York, a five-judge panel of Appellate Division of the State Supreme Court said same-sex marriages solemnized out of New York are legal marriages in New York.

In legal terms, there is no impediment. The best coverage so far has been in the New York Times. http://www.nytimes.com/2008/02/02/nyregion/02samesex.html?_r=1&oref=slogin

In an amusing twist, the judges said because there is no law forbidding it, it is allowed. That's a refreshing change from jurists' attitude in decisions in other states. Often, they have taken the old Soviet tack — if it isn't specifically permitted, it is forbidden.

In Martinez v. County of Monroe, a community college employee just wanted to add her wife, Lisa Ann Golden, whom she married in Canada in 2004, to her health insurance. The college's HR director turned her down and Martinez ended up suing in 2006. State Supreme Court Justice Harold Galloway dismissed the suit. His ruling said that New York “currently defines marriage as limited to the union of one man and one woman.”
http://nyclu.org/files/martinez_decision_020108.pdf

As another bit of incidental humor, the HR director had that old regressive attitude. The college's contract with the employees union didn't specifically list same-sex marriages, so she denied the benefit. Subsequently, the contract has been upgraded and now does.

More:
http://massmarrier.blogspot.com/2008/02/ny-courts-okay-out-of-ny-gay-marriages.html

[aquart]

1. Beautiful. Thanks for posting this.

I've been sneezing all day and contemplating President Obama and it's wonderful to know there's some real hope and change happening.

Just sorry so many aren't here to see it and cheer it.

[Ian David]

2. There's some stupid football game on before the new episode of House. n/t

[Betty88]

3. OH cool I'm married!!

My partner and I went up to Canada on Feb. 4th 2005 and got married for my 40th birthday. This is a great anniversary present.

[Chovexani]

4. Aww, congrats

I'm so happy for you. :hug:

[jumptheshadow]

5. And we will keep on getting married in every new venue

Happy Anniversary, honey, sorry I forgot, but we have so many of them!

Hope to tie the knot in New York some day, then head out to anywhere else in the world that passes gay marriage. We'll invite a new group of people every time and get presents!