Rights Groups Release Updated Guide For New York Same-Sex Couples Married Out of State
(New York) — Lambda Legal, Empire State Pride Agenda, the New York Civil Liberties Union and the American Civil Liberties Union have released a guide outlining government protections and obligations for same-sex couples in New York who married out of state. The new guide is released as the first anniversary of Martinez v. County of Monroe draws near, and in light of last week’s decision in Lewis v. New York State Dept. of Civil Service - both notable appellate court rulings that upheld government recognition of out-of-state marriages of same-sex couples.
The document, titled: Your Government Respects Your Marriage: Developments in New York State Agency Recognition of Same-Sex Couples’ Out-of-State Marriages, details many of the ways state agencies around New York accord legal respect to married same-sex couples. Lambda Legal, NYCLU, Empire State Pride Agenda and ACLU worked closely with state agencies to confirm and clarify the legal rights afforded to same-sex couples married out of state. The summary offers an overview of some of these statewide protections.
“The guide is a crucial primer for same-sex couples who are recognized as spouses in New York,” said Susan Sommer, senior counsel at Lambda Legal, who has litigated many of the cases confirming marriage respect for same-sex couples. “It shows significant areas in which these couples now are protected, ranging from access to health insurance, to accurate birth certificates for children born to same-sex couples, to important workers’ compensation benefits if tragedy strikes. But until New Yorkers in same-sex relationships can marry in their home state, they are still vulnerable to discrimination.”
“Couples in New York who have never known true security for their families are finally getting a taste of the family protections other married couples and their children enjoy,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “The governor’s determination was based on the NYCLU’s victory in the case Martinez v. County of Monroe, in which an appeals court unanimously ruled that New York State must recognize valid out-of-state same-sex marriages. We commend the governor and our state agencies for following the law and standing up for fairness. But lasting progress requires leadership from both the judicial and legislative branches. It’s time for our political leaders to do what’s right. New Yorkers should not have to leave the state to protect their families.”
“Policymakers and elected officials in New York should recognize that we’re already living in a state with marriage for same-sex couples. Unfortunately, these couples currently have to go out of state to have their weddings performed,” said Alan Van Capelle, executive director of the Empire State Pride Agenda. “Not only does this mean a loss of literally millions of dollars to New York’s economy, but it is also patently unfair to same-sex couples. New Yorkers shouldn’t have to go elsewhere to get married when they want to stand up in front of friends and family right here and get married in their home state.”
To read the document in its entirety visit: http://www.aclu.org/pdfs/lgbt/ny_governor_respects_marriage.pdf
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Original source : http://gay_blog.blogspot.com/2009/01/rights-groups…
Rights Groups Release Updated Guide for New York Same-Sex Couples Married Out of State
(New York, January 26, 2009) — Lambda Legal, Empire State Pride Agenda, New York Civil Liberties Union and the American Civil Liberties Union have released a guide outlining government protections and obligations for same-sex couples in New York who married out of state. The updated guide is released as the first anniversary of Martinez v. County of Monroe draws near, and in light of last week’s decision in Lewis v. New York State Dept. of Civil Service — both notable appellate court rulings that upheld government recognition of out-of-state marriages of same-sex couples.
The document, titled: Your Government Respects Your Marriage: Developments in New York State Agency Recognition of Same-Sex Couples’ Out-of-State Marriages, details many of the ways state agencies around New York accord legal respect to married same-sex couples. Lambda Legal, NYCLU, Empire State Pride Agenda and ACLU worked closely with state agencies to confirm and clarify the legal rights afforded to same-sex couples married out of state. The summary offers an overview of some of these statewide protections.
“The guide is a crucial primer for same-sex couples who are recognized as spouses in New York,” said Susan Sommer, senior counsel at Lambda Legal, who has litigated many of the cases confirming marriage respect for same-sex couples. “It shows significant areas in which these couples now are protected, ranging from access to health insurance, to accurate birth certificates for children born to same-sex couples, to important workers’ compensation benefits if tragedy strikes. But until New Yorkers in same-sex relationships can marry in their home state, they are still vulnerable to discrimination.”
“Couples in New York who have never known true security for their families are finally getting a taste of the family protections other married couples and their children enjoy,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “The governor’s determination was based on the NYCLU’s victory in the case Martinez v. County of Monroe, in which an appeals court unanimously ruled that New York State must recognize valid out-of-state marriages of lesbian and gay couples. We commend the governor and our state agencies for following the law and standing up for fairness. But lasting progress requires leadership from both the judicial and legislative branches. It’s time for our political leaders to do what’s right. New Yorkers should not have to leave the state to protect their families.”
“Policymakers and elected officials in New York should recognize that we’re already living in a state with marriage for same-sex couples. Unfortunately, these couples currently have to go out of state to have their weddings performed,” said Alan Van Capelle, executive director of the Empire State Pride Agenda. “Not only does this mean a loss of literally millions of dollars to New York’s economy, but it is also patently unfair to same-sex couples. New Yorkers shouldn’t have to go elsewhere to get married when they want to stand up in front of friends and family right here and get married in their home state.”
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Original source : http://gay_blog.blogspot.com/2009/01/rights-groups…
Recognition of Out- of- State Marriages for Same-Sex Couples in Lambda Legal’s Case
“Once an out-of-state same-sex marriage is recognized in New York,…each of its parties would be ‘a party to a marriage,’ and, thus, a ‘legal spouse’ who would be entitled to the benefits, rights and obligations of that status,” the three-judge majority opinion held. The other two panel judges filed a concurring opinion.
“Today the Appellate Court confirmed that New York’s state government follows the law by respecting out-of-state marriages of same-sex couples,” said Susan Sommer, Senior Counsel at Lambda Legal. “The Court has upheld important spousal health coverage for government employees in the process.”
In May 2007, DCS issued a memo recognizing, as spouses, same-sex couples married in other states or jurisdictions for purposes of extending spousal health insurance coverage to public employees in participating government insurance plans. The Alliance Defense Fund (ADF), on behalf of four New York taxpayer plaintiffs, challenged DCS’s authority to respect valid out-of-state marriages of same-sex couples and to treat those couples fairly in administering state benefits. In March of 2008, the Supreme Court, Albany County, issued a decision that the DCS was following the law in applying New York’s marriage recognition rule to these marriages. ADF opposed the decision in an appeal filed in 2008.
Lambda Legal argued before the court in October 2008 on behalf of Defendant-Intervenors-Respondents Peri Rainbow and Tamela Sloan, long-time public employees who are raising a special needs child adopted from foster care. The couple depends on the government protections that come from respect for their marriage, and today’s decision validated the lower court ruling that marriages such as theirs are lawfully respected in New York state.
Today’s decision is consistent with other marriage recognition victories in New York courts, as well as Governor Paterson’s May 2008 directive instructing all state agencies to respect out-of-state marriages of same-sex couples. In September 2008, the New York Supreme Court (Bronx trial court) dismissed a lawsuit against Governor Paterson challenging this directive and again granted Lambda Legal’s motion to intervene in the case on behalf of Rainbow and Sloan.
In February 2008, in Martinez v. County of Monroe, the Appellate Division, Fourth Department in Rochester, also upheld application of the marriage recognition rule to valid out-of-state marriages of same-sex couples. The decision, issued in response to a challenge brought by the NYCLU on behalf of a lesbian couple, is consistent with longstanding marriage recognition in New York.
In early 2009, Lambda Legal applauded a similar decision from the New York Appellate Division, Second Department affirming dismissal of a case brought by the ADF. The court confirmed that Westchester County Executive Spano lawfully recognized out-of-state marriages of same-sex couples, ruling as well in favor of Westchester County couple Michael Sabatino and Robert Voorheis, who had married in Canada and were permitted to intervene as defendants in the case with Lambda Legal as counsel.
Susan Sommer, Senior Counsel, is handling the case for Lambda Legal. She is joined by co-counsel
Kramer Levin Naftails & Frankel LLP.
The case is Lewis v. New York State Department of Civil Service, et al.
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Original source : http://gay_blog.blogspot.com/2009/01/recognition-o…
New York Appellate Court Decision Affirming Out-Of-State Marriage Recognition
‘Yet another appellate court has ruled that government officials act lawfully when they respect out-of-state marriages of same-sex couples.’
(New York, January 5, 2009) — A decision last week from the New York Appellate Division, Second Department affirmed dismissal of a case brought by antigay Arizona group the Alliance Defense Fund and confirmed that Westchester County Executive Spano lawfully recognized out-of-state marriages of same-sex couples.
The Court said in its decision: …”The Executive Order at issue here requires that same-sex marriages be recognized to ‘the maximum extent allowed by law.’ By its terms, therefore, the Executive Order can never require recognition of such a marriage where it would be outside the law to do so. Since it is within the authority of the County Executive ‘[t]o see that the laws of the state, pertaining to the affairs and government of the county…are executed and enforced within the county’) the Executive Order is not illegal.”
“Yet another appellate court has ruled that government officials act lawfully when they respect out-of-state marriages of same-sex couples,” said Susan Sommer, Senior Counsel at Lambda Legal. “The Alliance Defense Fund has wasted the courts’ time and taxpayers’ money in their years of consistently unsuccessful cases attacking these marriages in New York and the government officials who refuse to discriminate against lesbian and gay New Yorkers.”
In February 2008, in Martinez v. County of Monroe, the Appellate Division, Fourth Department in Rochester, also upheld application of the marriage recognition rule to valid out-of-state marriages of same-sex couples. Today’s decision comes after four ADF losses at the trial court level and is the first New York Appellate Court ruling on their cases challenging marriage recognition. The ADF, on behalf of several Westchester County taxpayers, challenged County Executive Spano’s June 6, 2006 Executive Order No. 3, which directs, “each and every department, board, agency, and commission of the County of Westchester under my jurisdiction to recognize same sex marriages lawfully entered into outside the State of New York in the same manner as they currently recognize opposite sex marriages for the purposes of extending and administering all rights and benefits belonging to these couples, to the maximum extent allowed by law.” In March 2007, the lower court ruled that Spano’s order was legally issued and consistent with New York law. That ruling was appealed. In oral argument on June 23, 2008, Lambda Legal represented Westchester County couple Michael Sabatino and Robert Voorheis, who had married in Canada and were permitted to intervene as defendants in the case.
“Today the court has re-affirmed that our relationship will be honored in the community where we live and where we make our life together as a married couple,” said Sabatino. “It is a relief to know that we will continue to enjoy the rights and benefits of our marriage.”
In July, Attorney General Cuomo, on behalf of Governor Paterson, filed a motion to dismiss a similar case brought by the Alliance Defense Fund. The ADF, on behalf of a group of taxpayers, challenged Governor Paterson’s May 14, 2008 directive that state agencies respect out-of-state marriages of same-sex couples, consistent with long-standing
New York law. The court granted Lambda Legal’s motion to intervene in the case on behalf of Peri Rainbow and Tamela Sloan, long-time public employees who are raising a special needs child adopted from foster care. The couple depends on the protections that come from respect for their marriage. On September 2, 2008, the New York Supreme Court (Bronx trial court) dismissed the lawsuit, ensuring that couples will continue to be treated equally in New York State.
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Original source : http://gay_blog.blogspot.com/2009/01/new-york-appe…
