Same-Sex Marriage Debate Hits State’s Top Court
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- October
- 13
The state Court of Appeals today will hear two cases on whether Westchester County and the state legally extended government benefits to same-sex couples married in other states.
The Alliance Defense Fund of Scottsdale, Ariz., is challenging the governments’ decision to give equal benefits to gay couples, saying same-sex marriage is illegal in New York.
The group lost in lower courts, which have ruled that extending the benefits is legal and does not conflict with current laws.
In June 2006, Westchester County Executive Andrew Spano issued an executive order that the county would recognize out-of-state marriages of same-sex couples. A few months later, the Alliance Defense Fund sued. The group Lambda Legal intervened on behalf of Yonkers couple Michael Sabatino and Robert Voorheis, who were married in Canada in 2003, where same-sex marriage is legal.
In May 2007, former Gov. Eliot Spitzer allowed gay couples married out of state and employed by New York state and some local governments to receive health benefits for their families. And last year, Gov. David Paterson expanded the benefits for married gay couples to all 1,324 rights in New York that were previously afforded only to heterosexual couples.
Paterson’s move came after an appellate court ruled last year that Monroe County Community College could not deny health-insurance benefits to a gay couple married in Canada, one of whom was employed by the school.
Six states—Massachusetts, Connecticut, Iowa, Maine, Vermont and New Hampshire—legally issue marriage licenses to same-sex couples.
The state Assembly has twice passed legislation to legalize same-sex marriages in New York, but the bill has not been brought to the floor of the Democratic-led Senate because it is unclear whether it would pass. Gay-rights advocates are hopeful the bill can pass this year, and Paterson has said he would sign it into law.
This entry was posted
on Tuesday, October 13th, 2009 at 11:33 am by Joseph Spector.
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