Thursday, January 29, 2009
Same-sex marriage, New York, and recognition of out of state marriages
Although New York's highest court, the New York Court of Appeals, found there was no state constitutional right to same-sex marriage, Hernandez v. Robles, a recent lower appellate court recognizes same-sex marriages entered into in states where such marriages are valid (such as neighboring Massachusetts).
As a local newspaper, Times Herald-Record, reports here, a "lesbian couple has won a state Appellate Court ruling affirming a state directive recognizing out-of-state marriages for same-sex couples. The ruling confirms the legality of an executive directive issued last year by Gov. David Paterson, ordering state agencies to recognize out-of-state gay marriages and all the attendant health benefits that may involve."
The relatively brief opinion in Lewis v New York State Department of Civil Service, from the Third Department of the Appellate Division, is available on the court's website here or as a pdf here.