AP Features, February 1st, 2008
An appeals court has ruled that a gay couple's marriage in Canada should be recognized in New York state.
The ruling could put New York on the path to joining New Hampshire, Vermont, Connecticut and New Jersey in recognizing same-sex civil unions that guarantee medical benefits and legal rights. Massachusetts is the only U.S. state that allows gay marriage.
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 add Golden to the health care benefits 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 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."
