Constitutional Law
Suit Seeks to Block N.Y. Gay Marriage Directive
Posted Jun 4, 2008, 06:57 am CST
By Debra Cassens Weiss
A lawsuit filed yesterday seeks to block an order by New York’s governor requiring state agencies to recognize gay marriages performed elsewhere.
The suit was filed by five state lawmakers with the backing of the Alliance Defense Fund, the New York Times reports. The Christian group had previously vowed to file suit. The complaint claims Gov. David Paterson usurped the role of the legislature and violated the separation of powers.
The directive was expected to affect everything from the ability to file joint state tax returns to the right to collect pension benefits after a spouse dies. Paterson said his action was motivated by a fear of liability. A recent state appeals ruling held a state community college was required to provide benefits to gay spouses.