PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Sunday, March 21, 2010

New York appeals court rules state can annul same-sex civil unions
Daniel Makosky at 10:22 AM ET

[JURIST] A New York state appeals court ruled [text, PDF] Thursday that the state's courts have jurisdiction to hear requests to annul civil unions performed in other states. The Third Judicial Department Appellate Division [official website] reversed a 2008 Schenectady County Supreme Court [official website] decision, citing multiple protections New York affords to same-sex partnerships as sufficient to establish competency despite the state lacking its own civil union law:

Here, while New York has not created a specific mechanism for dissolution of a civil union validly entered into in another state, neither has it exercised its power, by statute or other legislative enactment, to prohibit an action for dissolution of a civil union. Since Supreme Court's jurisdiction over the subject matter of this action has not been proscribed, and this matter involves a dispute for which "adequate relief by means of an existing form of action is [un]available to the plaintiff," Supreme Court is competent to adjudicate the case.
The case involved a same-sex New York couple that that entered into a civil union in Vermont. Vermont, however, was unable to provide relief since it requires at least one party to be a resident of the state for at least one year.

The New York Senate [official website] rejected [JURIST report] legislation [text; materials] in December that would have legalized same-sex marriage [JURIST news archive]. The bill, introduced to the state legislature in April, passed [JURIST reports] in the General Assembly [official website] by a margin of 89-52 in May. The bill was again passed by the lower body in anticipation of the senate vote, as required by state law. New York, however, is currently one of the few US jurisdictions to recognize [JURIST report] same-sex marriages performed in other states.





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

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


LATEST LEGAL NEWS

 Groups petition Supreme Court to overturn Montana ban on corporate campaign spending
3:18 PM ET, February 11

 Apple sues Motorola in federal court over patent claims in Germany
2:30 PM ET, February 11

 UN concerned over prosecution of Spain judge Garzon
10:54 AM ET, February 11

 click for more...

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

LATEST FORUM

Hungary and Mexico's Constitutional Parallels
FOREIGN
Kevin Govern
Ave Maria 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@pitt.edu