New York battle brewing over gay marriage

Paterson directs agencies to honor unions formed elsewhere

By FRITZ MAYER

NEW YORK STATE — Social conservatives are vowing to fight the governor’s directive that state agencies must honor same-sex marriages that were performed legally in other states and countries.

On May 29, Richard Barnes, executive director of the New York State Catholic Conference, said, “The definition of marriage predates recorded history. No single politician or court or legislature should attempt to redefine the very building block of our society in a way that alters its entire meaning and purpose.”

Governor David Paterson explained that if he had not issued the directive, which was formally sent on May 14 but not widely known until May 28, the state would have been exposed to possible lawsuits. In fact, it was a lawsuit brought by the New York Civil Liberties Union (NYCLU) that promoted the governor’s action.

This is the background.

Patricia Martinez married her partner, Lisa Ann Golden, in Canada in 2004. The Monroe Community College, where Martinez was employed, refused to provide health care benefits to Golden, as they do for other spouses.

The NYCLU sued in January 2005. A lower court dismissed the suit in June 2007, but the decision was appealed to the appellate court. On February 28, the court ruled that Golden was entitled to coverage, essentially because the state has a more than 100-year history of honoring marriages performed by other jurisdictions. The court also said that by not recognizing the marriage, the college violated state human rights laws because it discriminated against the couple based on their sexual orientation.

The college has appealed to the Court of Appeals, the state’s highest court. It’s not at all clear that the ruling will be upheld because, in July 2006, the same court ruled that state law doesn’t permit same-sex marriages and same-sex couples don’t have a constitutional right to marry.

In the meantime, however, Paterson’s directive could have wide-reaching implications. On May 16, the California Supreme Court struck down a law forbidding same-sex marriage, and same-sex couples may be able to get married in that state beginning on June 17.

Therefore, same-sex couples in New York could take a trip to California, get married, and have the union recognized back home. Residency rules prohibit the same thing from occurring in Massachusetts, the only state that currently allows same-sex marriages.

Senate Majority Leader Joseph Bruno, who has blocked same-sex marriage legislation in the senate, told reporters that he might challenge Paterson’s directive. He said he would confer with his attorneys about whether the governor had overstepped his authority.

On the other hand, the NYCLU enthusiastically supported Paterson’s action. Donna Lieberman, the NYCLU’s executive director said, “For the first time, couples in New York, who have never known true security for their families, will be officially entitled to treatment by our state government that respects their rights.”