JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Saturday, February 02, 2008

New York court rules that state must recognize out-of-state same-sex marriages
Nick Fiske at 10:03 AM ET

[JURIST] A New York state appeals court on Friday unanimously ruled [PDF text] that the state must legally recognize valid out-of-state same-sex marriages [NYCLU press release]. Patricia Martinez filed the lawsuit [case backgrounder] in Rochester, NY against her employer Monroe Community College (MCC) [acadmic website] after it denied her request to extend health benefits to her spouse Lisa Golden. The couple was married in Ontario, Canada in 2004 following the legalization of same-sex marriages there in 2003. The court emphasized that New York State has a long history of recognizing out-of-state marriages, and so long as a union did not offend "natural law" or violate a state statute, it must be recognized by the state. The court found that MCC violated New York Executive Law 296(1)(a), a law protecting employees from discrimination based on sexual orientation, among other things. Martinez was represented by the New York Civil Liberties Union [advocacy website], who called the decision a victory for families, fairness, and human rights. It was not immediately clear whether MCC would appeal the decision.

In June, the New York State Assembly passed a bill [A08590 materials; JURIST report] to legalize same-sex marriage. The bill, proposed by New York Governor Eliot Spitzer [official website] and sponsored [press release] by Assemblymember Daniel O'Donnell [official website], was defeated by the Republican controlled Senate and returned to the Assembly last month. The New York Times has more. The Democrat and Chronicle has additional coverage.






Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 US House approves lawsuit against Obama
2:35 PM ET, July 31

 Airline advocacy groups challenge increased fees by TSA
12:55 PM ET, July 31

 France president condemns Israel for attack on UN refugee camp in Palestine
12:03 PM ET, July 31

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

Unprecedented Notice of Warrantless Wiretapping in a Closed Case
DOMESTIC
Ramzi Kassem
CUNY School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org