Paterson Wins on Recognizing Gay Rites

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The New York Sun

New York State will soon recognize same-sex marriages performed out of state, as a judge has decided to uphold Governor Paterson’s new gay rights policy.

In May, Mr. Paterson ordered government agencies to change thousands of regulations to accommodate gay couples who were married in states such as Massachusetts and California. While New York does not recognize same-sex marriages performed within its own borders, gay rights groups hailed the decision yesterday as a major victory.

A state Supreme Court judge, Lucy Billings, ruled that Mr. Paterson’s directive is permitted under New York law, noting that “nothing is more antithetical to family stability” than requiring a couple to abandon its marriage commitment when they come to the state.

“The Governor’s directive is an incremental but important step toward equality long denied, even if, according to the New York Court of Appeals, full equality is not constitutionally mandated,” she wrote.

Lawyers on both sides of the case said the decision provides a significant boost to the gay rights movement in New York. It follows a string of rulings supporting recognition of same-sex marriages out of state, but is the first to address the governor’s directive as a whole.

The Alliance Defense Fund, a Christian legal group that argued the case against Mr. Paterson, pledged to appeal. The governor “usurped his authority” by redefining marriage without consulting the Legislature, an attorney for the group, Jim Campbell, said.

“It’s kind of radical for a state to give up its autonomy to define marriage itself,” he said.

The ruling was met with disappointment among some in the religious community, including several New York members of the Rabbinical Council of America. In a statement, they objected to “the creation of a new definition for a term whose traditional meaning is of critical importance” to societal structure.

New York has traditionally recognized out-of-state marriages that would not be eligible if performed in-state. For example, it once acknowledged the marriage of an uncle and a niece in Rhode Island.

Mr. Paterson hailed the judge’s decision in a statement, saying that marriage recognition among states is based on “a bedrock of our federalism.” His policy would likely involve revisions of up to 1,300 regulations, covering everything from tax filings to fishing licenses.

The directive was also defended in this case by a lawyer for a married same-sex couple that adopted a special needs child out of foster care, Susan Sommer. Among the couple’s concerns are whether they can receive family health insurance from the state, Ms. Sommer said.

She said she hopes that yesterday’s decision, on top of three other like-minded court rulings, would settle those concerns for good.

“Four strikes, you’re out of New York,” she said. “The governor, through that directive, was really bringing the entire state government in line with the law.”


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