New York Judge: County May Recognize Out-of-State Gay Marriages
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The latest skirmish in the quest for marriage equality is a victory:
--For the uninitiated, in New York the "Supreme Court" is actually the lowest court — the trial court. Because we're morons.
--The ruling holds that Westchester may, not must, recognize out-of-state same-sex marriages. The County Executive was the good guy here, and the bigots (from the Alliance Defense Fund) were the plaintiffs suing the government. No word on whether they will appeal.
--It's not clear what tangible benefits such a ruling brings (i.e., how many marriage-related rights, privileges, benefits and protections accrue at the county level). Hospital-related rights, perhaps, but I'd hard pressed to think of many others.
--Suppose a civil union couple from New Jersey moves to Westchester. Is that also to be recognized as a marriage? Remember: the New Jersey Supreme Court expressly said that a same-sex civil union must be afforded all the same benefits as marriage. Does that include the benefit of having it recognized as a marriage in Westchester? I specifically raised this issue back when the New Jersey case was handed down.
--This is not entirely surprising: New York has no DOMA, and like the press release says, the state has long had a policy of recognizing an out-of-state marriage that was valid in the home state, even if the spouses could not legally have married in New York. This decision in no way contravenes the defeat in Hernandez v. Robles, nor does it strike down any law.
--Which, of course, won't stop the bigots from yet again decrying another "activist judge."
The case is Godfrey v. Spano.
The Supreme Court of New York for Westchester County held that County Executive Spano can recognize out-of-state marriages of same-sex couples living in Westchester County.Some hasty stitches:
"Today's decision follows a long history of settled law in New York, namely that our state respects marriages that are validly entered into in other jurisdictions," said Alphonso David, Staff Attorney at Lambda Legal and lead attorney on this case. "Our clients can now have some peace of mind that their marriage is secure in Westchester County."
--For the uninitiated, in New York the "Supreme Court" is actually the lowest court — the trial court. Because we're morons.
--The ruling holds that Westchester may, not must, recognize out-of-state same-sex marriages. The County Executive was the good guy here, and the bigots (from the Alliance Defense Fund) were the plaintiffs suing the government. No word on whether they will appeal.
--It's not clear what tangible benefits such a ruling brings (i.e., how many marriage-related rights, privileges, benefits and protections accrue at the county level). Hospital-related rights, perhaps, but I'd hard pressed to think of many others.
--Suppose a civil union couple from New Jersey moves to Westchester. Is that also to be recognized as a marriage? Remember: the New Jersey Supreme Court expressly said that a same-sex civil union must be afforded all the same benefits as marriage. Does that include the benefit of having it recognized as a marriage in Westchester? I specifically raised this issue back when the New Jersey case was handed down.
--This is not entirely surprising: New York has no DOMA, and like the press release says, the state has long had a policy of recognizing an out-of-state marriage that was valid in the home state, even if the spouses could not legally have married in New York. This decision in no way contravenes the defeat in Hernandez v. Robles, nor does it strike down any law.
--Which, of course, won't stop the bigots from yet again decrying another "activist judge."
The case is Godfrey v. Spano.
All Related Posts (on one page) | Some Related Posts:
- New York: Bruno's Replacement "Not on Record" Regarding Gay Marriage
- New York: Bruno Departure Makes Gay Marriage All But Certain
- "Comment Left Elsewhere" of the Day...
- The "Marriage Failure" States, Revisited
- New York Judge: County May Recognize Out-of-State Gay Marriages
- From "De Novo" to "Do Nothing"...
- New York Gay Marriage Fiskfest
- Thoughts on the New York Gay Marriage Decision
- Upstate NY "City" Sues State for Gay Marriage
Posted by Kip on
13 March 2007
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