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Ruling that NY must recognize foreign same-sex "marriages" stands

The New York Court of Appeals on Tuesday declined to hear a challenge to an appeals court case that required the state to recognize same-sex "marriages" legally contracted outside of New York, reports Michael Baggot, LifeSiteNews.com.

Tuesday's ruling lets stand the February 1 Appellate Division of State Supreme Court decision that Monroe Community College must extend health care benefits to Lisa Ann Golden due to her legally contracted Canadian "marriage" to Monroe employee Patricia Martinez.

The February ruling overturned State Supreme Court Justice Harold Galloway's August 2006 decision to dismiss Martinez's case on the grounds that New York "currently defines marriage as limited to the union of one man and one woman."

The February appellate judges argued that the state should recognize legally contracted homosexual "marriages" until the New York legislature decides to explicitly prohibit their recognition.

State same-sex "marriage" proponents, however, see the recognition of foreign same-sex "marriage" as an intermediate step towards full embrace of homosexual "marriages."

"Despite today's good news, the state of marriage for same-sex couples in New York is still unsettled," announced Alan Van Capelle, Executive Director of Empire State Pride Agenda.

"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."

New York's recognition of foreign same-sex "marriages" was also solidified in late February when Supreme Court Justice Laura Drager ruled that a lesbian known as Beth R. could pursue a divorce from Donna M., the woman that she "married" in Canada.

Although the Court of Appeals declared in 2006 that the "Constitution does not compel the recognition of marriages between members of the same sex," it left open the possibility that future legislation could enable same-sex "marriages" to be conducted in the state.

New York Governor David Paterson is expected to decriminalize same-sex "marriage" if the necessary legislation reaches his desk. Upon receiving the National Gay and Lesbian Task Force Leadership Award on April 9, Patterson pledged to work to bring "full marriage equality to New York State."

"If you will join with me and if we work hard enough we can change the face of New York, which will be the catalyst to changing national policy," Paterson assured his listeners.

[05/09/2008]

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