Advanced Search  |  Sitemap  |  Contact Us
  
 

FOLLOW US

Subscription required for full online access

Current subscribers to the Buffalo Law Journal, click here to create an account for full online access.

Not a subscriber? Click here to see subscription options. Questions about your online access? Call us at 716-541-1650.

Bizjournals Legal News

Google Legal News

Featured News - Current News - Archived News - News Categories

Canadian gay marriage ruled valid in New York

Thu, Feb 7th 2008 12:00 am
ROCHESTER (AP) - An appeals court has ruled that a gay couple's marriage in Canada should be recognized in New York.

The Appellate Division of state Supreme Court on Friday reversed a judge's ruling in 2006 that Monroe Community College did not have to extend health benefits to an employee's lesbian partner.

Patricia Martinez, a word-processing supervisor, sued the school in 2005, arguing that it granted benefits to heterosexual married couples but denied them to Martinez and her partner, Lisa Ann Golden.

The couple formalized their relationship in a civil-union ceremony in Vermont in 2001 and were married in Canada in 2004.

The college refused to extend the health-care benefits to Golden because its contract with the Civil Service Employees Association did not address benefits for same-sex partners. Since then, the contract has been enhanced to extend benefits to an employee's domestic partner.

State Supreme Court Justice Hon. Harold Galloway dismissed Martinez's lawsuit in August 2006, saying that the state does not recognize same-sex marriages. The state Legislature "currently defines marriage as limited to the union of one man and one woman," he wrote.

The appellate judges disagreed, determining that there is no legal impediment in New York to the recognition of a same-sex marriage.

The state Legislature "may decide to prohibit the recognition of same-sex marriages solemnized abroad," the ruling said. "Until it does so, however, such marriages are entitled to recognition in New York."

The New York Civil Liberties Union called Friday's ruling a victory for families, justice and human rights.

"Congratulations to all same-sex couples validly married outside of New York state," said Executive Director Donna Lieberman. "Now we need to work toward a New York where you don't have to cross state or country lines to get married."