Box Turtle Bulletin
News and commentary about the anti-gay lobby“Now you must raise your children up in a world where that union of man and box turtle is on the same legal footing as man and wife…”
News and commentary about the anti-gay lobbyFebruary 3rd, 2008
A New York appellate court in Rochester ruled Friday that same-sex marriages from out-of-state must be legally recognized in New York, even though gay couples cannot marry legally in New York. Lawyers for both sides said the ruling applied to all public and private employers in the state under that state’s “marriage recognition rule.” The court notes that this rule has applied for more than a century for married couples generally, and there is no provision in law to exclude same-sex couples who hold a valid marriage license.
The five-judge panel of the Appellate Division of State Supreme Court indicated that it is not the place of the courts to change laws relating to public policy. That falls to the legislature, who can change the law if they want to (PDF: 20KB/5 pages):
As the Court of Appeals indicated … the place for the expression of public policy of New York is in the Legislature, not the courts. The Legislature may decide to prohibit the recognition of same-sex marriages solemnized abroad. Until it does so, however, such marriages are entitled to recognition in New York.
It’s unclear whether Monroe County and Monroe Community College will appeal the decision.
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Emily K
February 3rd, 2008
The nation of Israel does the same thing. To satisfy the extreme religious right, which carries much clout in the Jewish State, it will not legalize same sex marriage. However, it recognizes all same sex marriages performed in other countries. Many Israelis take a boat to Cyprus, get married there, then come back. In NY’s case, ppl could go to New Jersey and come back. I’m very happy with this decision.
Timothy Kincaid
February 3rd, 2008
Cyprus does not recognize same-sex relationships in any form.
New Jersey does offer civil unions but it does not offer marriage. Massachusetts is the only US state currently offering marriage, but only to its residents.
Gay NY couples seeking marriage (or gay Israeli couples) would need to go to Canada, Spain, South Africa, Belgium, or the Netherlands.
Emily K
February 3rd, 2008
I’m only relaying what an Israeli citizen told me.
Emily K
February 3rd, 2008
Also, while some may be dissatisfied with solutions that don’t solve the whole problem immediately, I’m extremely happy about ANY step forward, no matter how “tiny.” It’s not going to happen in one fell swoop. It will happen slowly and surely. I’m very much the realist.
Shane
February 4th, 2008
I hope and pray they don’t appeal. This is a terrific bit of news. Filling out a pile of paperwork to secure the smallest amount of marriage rights is the pits for my partner and I. A marriage license would look so much better on the wall, too.
Erica B.
February 4th, 2008
Good for the Court of Appeals :)
What I find ironic, though, is the strong possibility that this will be pointed to as an example of “activist judges” — while in fact they are taking the LEAST action possible by directing the complaint back to the legislature where it belongs.
cowboy
February 4th, 2008
Do any here know of the time when you went to Nevada for a quickie…a quickie divorce, that is! This is just shades the same picture don’t you think?
Question: Does at least one person in the marriage need to be Canadian before Canada recognizes the same-sex marriage? If so, is there a Canadian male-order hubby website?
Randi Schimnosky
February 4th, 2008
Cowboy, there is no residency requirement for same sex marriages in Canada. You can both be non-citizens if you want and I know of quite a number of American couples who’ve been married here.
Timothy Kincaid
February 4th, 2008
Canada does not have residency restrictions.
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