‘The tide is turning’ in same-sex marriage case - Rochester, NY - MPNnow

‘The tide is turning’ in same-sex marriage case - Rochester, NY - MPNnow

By Julie Sherwood, staff writer
Daily Messenger
Sun Sep 07, 2008, 02:04 AM EDT

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Canandaigua, N.Y. -
Both sides in a legal case over same-sex marriage benefits say recent developments in similar cases could prompt a resolution for an Ontario County couple.

David Harmon, an associate professor of history at Finger Lakes Community College, is suing the college for refusing to grant health benefits to his spouse, Kevin Mayer.

Harmon and Mayer were married in 2004 in Massachusetts, where same-sex marriage is legal. Since their marriage four years ago, Harmon has been seeking health benefits for Mayer through his contract with the college. On July 18, Harmon filed a suit in state Supreme Court alleging FLCC’s refusal to grant the benefits “constitutes unlawful gender discrimination based upon sexual orientation.” The lawsuit also seeks “any compensatory damages the court rules appropriate.”

When the lawsuit was pending in June, County Attorney John Park said ambiguities in the state’s law made it unclear whether the college should grant the benefits. This past week, Park said there are still questions. However, “it appears if we extend benefits to heterosexual couples ... we are obligated to extend the same to same-sex couples,” he said.

Park added that there are still “many wrinkles” in the case and the county and college must follow legal procedures in defending itself in the lawsuit. At the same time, “there is an increased awareness” of same-sex marriages “and a public recognition of this issue,” said Park. With cases similar to this one mounting across the state “it will probably lead to a resolution in our jurisdiction,” he said.

Same-sex couples cannot marry in New York and the state’s highest court has said only the Legislature has the authority to change that.

Carl Korn, spokesman for New York United Teachers and Harmon’s legal case, said the state Assembly has approved legislation to legalize same-sex marriage and a vote on the bill is pending in the Senate.

Meanwhile, Gov. David Paterson’s counsel told state agencies in May that a recent state appellate court ruling required them to recognize gay marriages legally performed elsewhere — or risk discrimination claims.

Paterson was responding to a Feb. 1 ruling by an appellate court that backed giving spousal health benefits to a Monroe County couple. Patricia Martinez had sued Monroe Community College after the college refused to provide health insurance to her spouse, Lisa Ann Golden. Martinez and Golden were married in Canada, where same-sex marriage is legal.

This past Tuesday, a state Supreme Court judge rejected the first direct legal challenge to the governor’s move to recognize same-sex marriages performed in other states. The Christian legal organization that challenged the governor's move, Arizona-based Alliance Defense Fund, said it would appeal.

State Supreme Court Judge Lucy Billings wrote in her decision issued Tuesday that gay couples’ decision to wed represents “a personal expression of emotional devotion, support and interdependence and a public commitment.”

“With that validity, they expect equal treatment with other married couples.”

Harmon said that with all the developments happening over recognition of same-sex marriage, he sees the county and college finally having to act: “I guess they will have to move now, won't they?”

“The tide is turning,” added Korn, “as more states and more communities are recognizing valid marriages.”

Korn said he is hopeful Harmon’s case can be settled out of court. “We all want to continue discussion,” he said. “We hope for a swift and fair settlement.”

Contact Julie Sherwood at (585) 394-0770, ext. 263, or jsherwood@messengerpostmedia.com