New York's highest court rules to allow state to continue recognizing out-of-state same-sex marriages

This blog post comes from Chris Johnson of the Human Rights Campaign's blog, HRC Back Story

May 07, 2008 1:20PM
Chris Johnson

Yesterday the New York Court of Appeals, the state's highest court, unanimously ruled not to review an appellate court's decision to legally recognize the relationship of a same-sex couple married in Canada.  This decision by the New York Court of Appeals leaves in place the lower court's decision to allow the state legislature to address same-sex marriage in the future:

In February, the Appellate Division of the state's Supreme Court reversed a judge's ruling in 2006 that Monroe Community College did not have to extend health benefits to an employee's lesbian partner.

Patricia Martinez, a word processing supervisor, sued the college in 2005 on the grounds that it granted benefits to heterosexual married couples but denied them to Martinez and her partner, Lisa Ann Golden.

The couple formalized their relationship in a civil union ceremony in Vermont in 2001 and were married in Canada in 2004.

The college refused to add Golden to the health care benefits because its contract with the Civil Service Employees Association did not address benefits for same-sex partners. Since then, the contract has been enhanced to extend benefits to an employee's domestic partner.

State Supreme Court Justice Harold Galloway dismissed Martinez's lawsuit in August 2006, saying that the state does not recognize same-sex marriages. The state legislature "currently defines marriage as limited to the union of one man and one woman,'' he wrote.

The appellate judges disagreed, determining that there is no legal impediment in New York to the recognition of a same-sex marriage.

The state legislature "may decide to prohibit the recognition of same-sex marriages solemnized abroad," the ruling said. "Until it does so, however, such marriages are entitled to recognition in New York."

Here is the statement that Empire State Pride Agenda's executive director Alan Van Capelle issued following the Court of Appeals ruling:

We are very pleased that the New York State Court of Appeals has decided not to hear Martinez v. County of Monroe—a case where appellate court judges made it crystal clear in their unanimous decision that the state should continue its policy of respecting marriages of same-sex couples that are legally performed out of state.

Today’s action by New York’s highest court means that the state of the law remains the same.  Same-sex couples who have gone to places like Canada to get married, or have moved to New York from places like Massachusetts, will continue to be treated as the married couples they are here in New York. This is not only the right policy to protect same-sex couples and their children, but it is also consistent with the policy and practice of many public entities ranging from the New York State Retirement System to the New York State Department of Civil Service to localities like Albany, Buffalo, New York City, Rochester and Westchester County to recognize these marriages.

Despite today’s good news, the state of marriage for same-sex couples in New York is still unsettled. Until a law is passed by the New York State Legislature, there will always be the possibility that another court decision could undo Martinez v. County of Monroe and strip away from otherwise legally married same-sex couples all of the 1324 state-based rights and responsibilities that come with a marriage license in New York.  Besides, no loving, committed couple should ever have to leave their home state to make sure that their family has the protection and stability of marriage.

We therefore call upon the New York State Senate to do what the Assembly did last year in a bipartisan effort and pass the marriage bill so that Governor Paterson can follow through on his promise to then sign it into law.