No doubt this ruling by a New York appellate court will cause many Christianists to foam at the mouth and act as if the world is coming to an end. However, the Court’s reasoning is sound from a legal perspective and follows what has been the historic pattern of recognizing valid marriages from other jurisdictions. Once again, critics of the ruling are urging a jettisoning of past practice in order to give gay citizens less than equal rights. The Christianists’ agenda is to relentlessly deprive gays of legal equality in order to help underscore their view that gays are less than fully human. Here are highlights from the New York Times (http://www.nytimes.com/2008/02/02/nyregion/02samesex.html?_r=1&oref=slogin):
A New York appellate court ruled Friday that valid out-of-state marriages of same-sex couples must be legally recognized in New York, just as the law recognizes those of heterosexual couples solemnized elsewhere. Lawyers for both sides said the ruling applied to all public and private employers in the state.
Even though gay couples may not legally marry in New York, the appellate court in Rochester held that a gay couple’s 2004 marriage in Canada must be respected under the state’s longstanding “marriage recognition rule,” and that an employer’s denial of health benefits had discriminated against the couple on the basis of their sexual orientation.
“The Legislature may decide to prohibit the recognition of same-sex marriages solemnized abroad,” a five-judge panel of the Appellate Division of State Supreme Court ruled unanimously in rejecting a 2006 lower court decision. “Until it does so, however, such marriages are entitled to recognition in New York.” For more than a century, the court noted, New York State has recognized valid out-of-state marriages. Moreover, it said that the Court of Appeals, the state’s highest judicial body, has said the Legislature may enact laws recognizing same-sex marriages. “In our view, the Court of Appeals thereby indicated that the recognition of plaintiff’s marriage is not against the public policy of New York,” the court held.
Friday’s ruling, legal experts said, was the first by an appellate division court, and would make the recognition of valid out-of-state gay marriages mandatory across New York. It was not clear whether Monroe County and Monroe Community College in Rochester, the employer in the case, would appeal. Daniel DeLaus Jr., the county attorney for Rochester, said his office was reviewing the decision and would decide whether to seek an appeal.
A New York appellate court ruled Friday that valid out-of-state marriages of same-sex couples must be legally recognized in New York, just as the law recognizes those of heterosexual couples solemnized elsewhere. Lawyers for both sides said the ruling applied to all public and private employers in the state.
Even though gay couples may not legally marry in New York, the appellate court in Rochester held that a gay couple’s 2004 marriage in Canada must be respected under the state’s longstanding “marriage recognition rule,” and that an employer’s denial of health benefits had discriminated against the couple on the basis of their sexual orientation.
“The Legislature may decide to prohibit the recognition of same-sex marriages solemnized abroad,” a five-judge panel of the Appellate Division of State Supreme Court ruled unanimously in rejecting a 2006 lower court decision. “Until it does so, however, such marriages are entitled to recognition in New York.” For more than a century, the court noted, New York State has recognized valid out-of-state marriages. Moreover, it said that the Court of Appeals, the state’s highest judicial body, has said the Legislature may enact laws recognizing same-sex marriages. “In our view, the Court of Appeals thereby indicated that the recognition of plaintiff’s marriage is not against the public policy of New York,” the court held.
Friday’s ruling, legal experts said, was the first by an appellate division court, and would make the recognition of valid out-of-state gay marriages mandatory across New York. It was not clear whether Monroe County and Monroe Community College in Rochester, the employer in the case, would appeal. Daniel DeLaus Jr., the county attorney for Rochester, said his office was reviewing the decision and would decide whether to seek an appeal.
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Finally, some wisdom somewhere.
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