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Court OKs NY out-of-state marriage recognition

Timothy Kincaid

November 19th, 2009

When the executive branch of the State of New York determined that same-sex marriages conducted legally outside of the state would be recognized, anti-gay activists sued. Today the Court of Appeals backed the State. (A/P)

New York’s top court on Thursday rejected a Christian legal group’s challenge to some government benefits provided to gay couples legally married elsewhere and now living in New York.

The court rejected an argument that same-sex marriage was akin to incest and polygamy but avoided declaring that gay couples are entitled to all the rights of other married couples.

In a 4-3 decision on the narrow question of benefits, the Court of Appeals did not address whether the state must recognize same-sex marriage but encouraged the Legislature to settle the issue. The case was pushed by the Alliance Defense Fund of Scottsdale, Ariz.

Comments

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Bruno
November 19th, 2009 | LINK

Encouraging the NY legislature to decide the issue seems like encouraging a kid to eat spinach while you’re not home. It’s just not gonna happen with “encouragement.”

GreenEyedLilo
November 19th, 2009 | LINK

Gotta agree with Bruno. Still, thank the Gods the carpetbagging bigots got laughed out of court like they deserved!

Burr
November 19th, 2009 | LINK

This about “some government benefits” though and from what I read I believe it varies from locality or something like that, so it’s not really full recognition or even fully across the state.

occono
November 19th, 2009 | LINK

Unfortunately the concurrent opinion was out-of-state SSM’s are required to be recognized. So it was a loss, if not a total one.

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