New York High court unanimously rejects challenge to Gay Marriage

by Susan Marie Kovalinsky | November 19, 2009 at 08:07 am
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Today,  Thursday,  November 19,  2009,  New York State’s highest court rejected unanimously a challenge  by opponents of same-sex marriage to policies that recognize such unions performed in other states.  

For further reading,  an Associated Press article regarding gays blasting the Federal  Defense of Marriage Act. 

In their majority ruling, four of the seven members of the court said they were making their decision on narrow grounds involving the specifics of each case, and not settling the broader question of whether same-sex marriages performed in other states should be recognized. Judge Eugene F. Pigott Jr., writing for the majority, expressed “hope that the Legislature will address this controversy.”

But in a concurring decision, three of the justices, said that the court should have addressed the wider issue because New York law already allows for the recognition of marriages that are considered legal elsewhere.

Judge Carmen Beauchamp Ciparick, who wrote the concurring decision, said “that the orders under review should be affirmed on the ground that same-sex marriages, valid where performed, are entitled to full legal recognition in New York under our state’s longstanding marriage recognition rule.”

The ruling leaves open the possibility there could be future challenges on the issue in New York.

One of the cases involved the State Department of Civil Service, which in 2007 extended health insurance benefits to the partners of state and local workers who were married out of state.

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