LEGISLATURE THWARTED? Although New York doesn't allow same-sex marriages, state agencies must now recognize gay marriages that took place in other states, according to the governor.

New York Gov. David A. Paterson issued a directive May 14 that state agencies must honor same-sex marriages that took place legally in other states or countries. While gay rights' activists applauded Paterson's move, opponents said he's circumventing the wishes of the voters and legislature. Both groups agree, however, that the governor's decision puts New York one step closer to legalizing same-sex marriage.

New York Says No—and Yes—to Gay Marriage

The governor has not legalized same-sex marriage in New York—only the legislature can do that. Instead, Paterson's directive makes New York the only state to prohibit same-sex marriages while simultaneously recognizing same-sex marriages from other states and countries.

State agencies need to revise as many as 1,300 statutes and regulations to reflect this new policy. If they don't, they may be in violation of New York's human rights law and might face penalties.

Starting in July, gay couples that wed elsewhere will be entitled to the same benefits New York currently gives to straight couples that wed elsewhere.

For instance, if Bob and Sue marry in Georgia and then move to New York, the state recognizes their marriage. If Barb and Sue marry in Massachusetts, where same-sex marriage is legal, and then move to New York, the state must now recognize their union.

What kinds of rights will same-sex couples have now, under Paterson's new directive? The same rights heterosexual couples have, including:

• filing joint state income tax returns
• collecting a deceased spouse's pension (if spouse worked for the state)
• receiving health benefits from spouse's plan (if spouse works for the state)
• transferring fishing and hunting licenses

Court Decision Makes Same-Sex Policy Possible

A recent legal decision paved the way for Paterson's directive.

In February, a New York Appellate Court ruled that Monroe Community College could not deny Patricia Martinez health benefits. Her partner works at the state college and she and Martinez married in Canada.

Since New York recognizes marriages performed elsewhere, the appeals court ruled it must also recognize marriages performed in states or countries that permit same-sex marriages. The county filed an appeal, which the court rejected on technicalities.

NY Governors Working Toward Legal Gay Marriage

Last year Paterson's predecessor, Eliot Spitzer, introduced a bill to legalize gay marriage. While the Assembly's Democratic majority passed it, the Senate's Republican majority refused to vote on it, thereby killing the bill.

"Basically we've done everything we can do on marriage legislatively at this point," said Sean Patrick Maloney, one of Paterson's senior advisers. "But there are tools in our tool kit on the executive side, and this is one." (The New York Times, 5/29/08)

Copyright © 2008 Informify

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Sources

New York to Back Same-Sex Unions From Elsewhere (The New York Times, 5/29/08)

Gay rights advocates score wins in NY, Calif. (Associated Press, 5/29/08)

Question for Readers:

Do you think the people of New York should have the opportunity to vote on whether or not their state should honor same-sex marriages performed elsewhere?