"A New York appellate court ruled Friday that valid out-of-state marriages of same-sex couples must be legally recognized in New York, just as the law recognizes those of heterosexual couples solemnized elsewhere." (NYT 2/2 State Court Recognizes Gay Marriages From Elsewhere)
In a unanimous decision (pdf), the Appellate Division of the New York Supreme Court, an intermediate appellate court, rule yesterday that a marriage lawfully entered into in Ontario, Canada, "is entitled to recognition in New York." (Slip op. at 2.) "'[A]bsent any New York statute expressing clearly the Legislature’s intent to regulate within this State marriages of its domiciliaries solemnized abroad, there is no positive law in this jurisdiction' to prohibit recognition of a marriage that would have been invalid if solemnized in New York." (Slip op. at 3.)
more good news below the fold
"This is a victory for families, it’s a victory for fairness and it’s a victory for human rights," said Donna Lieberman, executive director of the New York Civil Liberties Union, which brought the suit in 2005 "on behalf of Patricia Martinez, an employee of Monroe Community College in Rochester, seeking health care benefits for her female partner whom she married in Canada in 2004."
The court rejected the argument that the decision last July against equal marriage by New York Court of Appeals in Hernandez v Robles (pdf) recognized a public policy forbidding recognition of out-of-state same-sex marriages. "Hernandez," Judge Erin Peradotto explained, "holds merely that the New York State Constitution does not compel recognition of same-sex marriages solemnized in New York." (Slip op. at 3.)
The New York Times story contains one odd, and potentially troubling, sentence:
Attorney General Andrew M. Cuomo also declined to comment, noting that his office may be involved in an appeal as the traditional defender of state agencies. Monroe Community College is a branch of the State University of New York.
The sentence is odd because, according to the opinion, Attorney General Cuomo submitted an amicus brief on behalf of Martinez. Just to be on the safe side, however, interested persons should contact Cuomo's office (1) to congratulate and thank him for supporting equal marriage, and (2) to urge him to continue to support equal marriage, if there is an appeal.
His office number in Albany is: (518) 474-7330.
His office number in New York City is: (212) 416-8000.
With Al Gore recently having come out for equal marriage, is it time to demand an end to equivocation from our leaders and those who seek to lead us?
gay? fine by me.