The D's likely just lost the Pres. election - gays the cause

strandinthewind · #1 02-01-2008, 09:59 PM

N.Y. court declares out-of-state gay marriages valid

A New York appeals court ruled on Friday that valid same-sex marriages performed in other states or countries must be recognized in New York, the first known ruling of its kind in the country, a rights group said.

"This is a victory for families, it's a victory for fairness and it's a victory for human rights," said Donna Lieberman, executive director of the New York Civil Liberties Union. "Now we need to work toward a New York where you don't have to cross state or country lines to get married."

Gay marriage is a hot political issue in the United States. Massachusetts is the only U.S. state that allows same-sex marriage, while several states allow civil unions for gay couples. More than 25 states have constitutional amendments barring same-sex marriage.

The case was originally brought in 2005 in New York state court by Patricia Martinez, a word processing supervisor at Monroe Community College in Rochester. Martinez argued her wife, Lisa Golden, should be awarded spousal health benefits.

The women were married in Canada in 2004, but the college argued the marriage was not valid in New York. The state court agreed.

On Friday, an appeals court panel, in a unanimous ruling, found the marriage "is entitled to recognition in New York in the absence of express legislation to the contrary."

"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," the court ruled.

A representative from Monroe Community College was not immediately available for comment on Friday.

(Reporting by Edith Honan, Editing by Michelle Nichols and Peter Cooney)

www.yahoo.com

strandinthewind · #2 02-01-2008, 10:07 PM

Court: Gay marriage in Canada should be recognized in New York
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© AP
2008-02-02 00:26:05 -

ROCHESTER, New York (AP) - An appeals court has ruled that a gay couple's marriage in Canada should be recognized in New York state.

The ruling could put New York on the path to joining New Hampshire, Vermont, Connecticut and New Jersey in recognizing same-sex civil unions that guarantee medical benefits and legal rights. Massachusetts is the only U.S. state that allows gay marriage.

The Appellate Division of state Supreme Court on Friday reversed a judge's ruling in 2006 that Monroe Community College did not have to extend health benefits to an employee's lesbian partner.

Patricia Martinez, a word processing supervisor, sued the school in 2005, arguing that it granted benefits to heterosexual married couples but denied them to Martinez and her partner, Lisa Ann Golden.

The couple formalized their relationship in a civil union ceremony in Vermont in 2001 and were married in Canada in 2004.

The college refused to add Golden to the health care benefits because its contract with the Civil Service Employees Association did not address benefits for same-sex partners. Since then, the contract has been enhanced to extend benefits to an employee's domestic partner.

State Supreme Court Justice Harold Galloway dismissed Martinez's lawsuit in August 2006, saying that the state does not recognize same-sex marriages. The state Legislature «currently defines marriage as limited to the union of one man and one woman,» he wrote.

The appellate judges disagreed, determining that there is no legal impediment in New York to the recognition of a same-sex marriage.

The state Legislature «may decide to prohibit the recognition of same-sex marriages solemnized abroad,» the ruling said. «Until it does so, however, such marriages are entitled to recognition in New York.

The New York Civil Liberties Union called Friday's ruling a victory for families, justice and human rights.

«Congratulations to all same-sex couples validly married outside of New York state,» said Executive Director Donna Lieberman. «Now we need to work toward a New York where you don't have to cross state or country lines to get married.

http://www.pr-inside.com/court-gay-m...ld-r417947.htm

strandinthewind · #3 02-01-2008, 10:23 PM

Here is a good article that summarizes the ongoing battle and how religion is, once again, being used to govern.

http://www.stateline.org/live/ViewPa...ontentId=20695

Also, if anyone can find the text of today's decision from the NY Court of Appeals decision, I'd love to read it. This comp. has limited capabilities.

Betsy · #4 02-01-2008, 10:53 PM

Very interesting....and very enlightening...

I am looking for the full ruling but have left my password at the office...and have limited access to Casemaker.

If no one has posted it, I will post it tomorrow.

I have to go in for work for a few hours...

(Damn you dentist appointment on Friday afternoon!)

strandinthewind · #5 02-01-2008, 11:28 PM

Quote:

Originally Posted by Betsy

. . . (Damn you dentist appointment on Friday afternoon!)

That sucks

Thanks for looking it up!!!!

Betsy · #6 02-02-2008, 12:44 PM

My guess is that it's not up yet....but here is a link to the NY Court of Appeals...which looks like they are two weeks behind in posting.

http://www.nycourts.gov/ctapps/latdec.htm

Another site which does address it:

http://newyorklawschool.typepad.com/...rk-appell.html

(I am sure that there are lawyer ledgies out there that can far surpass my feeble attempt ---)

BombaySapphire3 · #7 02-02-2008, 06:33 PM

It's such an embarrassment to me as an American that these evangelicals continually use the Bible 's warped version of reality to oppress others and legislate their hypocritical version of morality .If these folks want to live in a theocracy so badly why not just move en masse to Iran? Even if it's not quite the same religion it is close enough IMHO.