Lambda Legal: Update: Marriage Recognition for Same-Sex Couples in New York

Lambda Legal: Update: Marriage Recognition for Same-Sex Couples in New York

Published 02/06/08
Lambda Legal has been advocating for the rights of same-sex couples to have their marriages respected in New York since jurisdictions like Canada and Massachusetts first began to confer marriage rights. New York's governor, attorney general, state comptroller, State Department of Civil Service, mayors in cities large and small around the state, courts and countless other New Yorkers have confirmed that valid out-of-state marriages of lesbian and gay New Yorkers are entitled to legal respect here.
Where we stand today
The Martinez v. County of Monroe decision, coming from a New York appellate court on February 1, 2008 in response to a challenge brought by the NYCLU and Rochester attorney Jeffrey Wicks on behalf of a lesbian couple, ruled that valid out-of-state marriages of same-sex couples are subject to legal recognition in this State. This ruling is consistent with the trial court victories in Godfrey v. Spano and Godfrey v. DiNapoli, two earlier Lambda Legal cases. Martinez must be followed by the lower courts statewide unless and until there is a conflicting decision from another appellate court or from the New York Court of Appeals.
Martinez is the latest ruling, issued by the highest court yet, applying New York's longstanding marriage recognition rule to require respect for out-of-state marriages of same-sex couples even though these couples currently cannot marry within New York. These rulings also are consistent with what many statewide and local government and private officials and entities have agreed is required in New York — respect for out-of-state marriages for purposes of spousal health and other insurance coverage, retirement benefits, death benefits, and the countless other protections that come for spouses through marriage.
Lambda Legal — Making the case for marriage recognition for same-sex couples in New York.
Funderburke v. New York State Department of Civil Service
Lambda Legal represents a couple of 45 years, married in Canada in 2004, who were denied spousal health coverage by the former employer of retired public school teacher Duke Funderburke in this case filed in State Supreme Court (New York's trial-level court) in 2006. The trial court ruled against Funderburke in 2006 - in a decision now repudiated by the Martinez decision. While the case has been on appeal, another Appellate Division in New York, the State Department of Civil Service (DCS) reversed its prior policy and since May 2007 extends spousal employment benefits to same-sex spouses married to employees at more than 800 public employers around the State. Funderburke's spouse now has health coverage as a result. The government defendants in Funderburke moved to dismiss the appeal. Just days before the ruling in Martinez, Lambda Legal argued the appeal in the Appelate Division, Second Department seeking to have the incorrect decision reversed or vacated and removed from the books.
Godfrey v. Spano
After Westchester County Executive Andrew Spano issued a 2006 Executive Order confirming that the County would respect out-of-state marriages of same-sex couples for official County purposes, an antigay group sued him in Westchester State Supreme Court. Lambda Legal intervened in the case on behalf of Michael Sabatino and Robert Voorheis, a Westchester couple of three decades who had married in Canada in 2003. Sabatino and Voorheis had seen how important it is that their marriage be respected after Sabatino was able to be at Voorheis's side and make medical decisions as his spouse when Voorheis was rushed to the hospital with chest pains.
In March 2007 the State Supreme Court ruled in favor of the County Executive and Lambda Legal's clients, holding in the first decision of its kind that valid out-of-state marriages of same-sex couples are subject to legal respect in New York. The antigay plaintiffs have appealed that decision to the Appellate Division, Second Department. The State Comptroller, DCS and Attorney General have filed a brief siding with the County Executive and Lambda Legal's clients in the pending appeal.
Godfrey v. DiNapoli
In October 2004 the New York State Comptroller issued an opinion confirming that the State Retirement System would follow the longstanding marriage recognition rule and give legal respect to out-of-state marriages of same-sex couples. The State Comptroller's opinion was challenged in yet another case filed in September 2006 by the same antigay group that brought Spano. Lambda Legal intervened on behalf of a married New York lesbian couple, Peri Rainbow and Tamela Sloan, state employees who together adopted a special needs child from foster care and who depend on having the protections of marriage for their family. A State Supreme Court in Albany rejected this attack against a government official for respecting the rights of lesbian and gay families, dismissing the case in September 2007. The antigay group has filed a notice of appeal in DiNapoli to the Appellate Division, Third Department, which sits in Albany.
Lewis v. New York State Department of Civil Service
The same antigay group has brought a fourth case challenging the DCS decision won in the midst of the Funderburke case to adhere to the marriage recognition rule and provide spousal benefits to married lesbian and gay public employees. Lambda Legal clients Rainbow and Sloan intervened in Lewis to protect the health coverage they have been able to obtain for their family under the DCS policy. Motions to dismiss the case are pending in State Supreme Court before the same judge who ruled in Godfrey v. DiNapoli that marriages of same-sex couples get legal respect in New York.
Where we go from here
The appellate decision in Martinez confirms what Lambda Legal has been advocating for and what courts, New York's governor, attorney general, state comptroller, and countless others in New York already agree: If you have a valid marriage from a jurisdiction like Canada that allows same-sex couples to wed, you are legally married in New York and entitled to have your marriage respected here.
The next step is for New York same-sex couples to be able to marry within their home state. And New York is already far along in taking this step: In June 2006 the New York State Assembly passed, by a vote of 85-61, a bill sponsored by the Governor that would allow New York same-sex couples to marry in their home state. The New York State Senate must now pass the bill so that the Governor can sign it into law.Document updated 12/1/2006-->