Constitutional Law
Difficult Fight Likely for Opponents of N.Y. Gay Marriage Recognition
Posted May 30, 2008, 04:44 am CST
By Debra Cassens Weiss
Legal challenges are likely to a New York policy recognizing gay marriages performed elsewhere, but success isn’t as assured.
That’s the conclusion of a New York Times analysis of the decision by Gov. David Paterson to require state agencies to recognize such unions. The action will affect everything from the ability to file joint state tax returns to the right to collect pension benefits after a spouse dies.
The state Department of Civil Service has already provided health benefits to gay employees married in other jurisdictions, and state courts have upheld its decision to do so, the article says. In February, a state appeals court went further, ruling in Martinez v. County of Monroe that the state is required to provide benefits to gay spouses.
Meanwhile, the governor says he issued his directive because of fear of legal liability, the New York Law Journal reports. He points out that the state already recognizes common-law marriages from other jurisdictions.
"If I didn't take this action, I would leave this state open to lawsuits," he said. "I would leave the state treasury open to monetary damages and I would be discriminating against individuals who are coming here from other jurisdictions who are allowed that right [to marry]—and now are suddenly being denied that right."
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