Appeal Filed In NY Gay Marriage Ruling

by 365Gay.com Newscenter Staff

Posted: February 25, 2008 - 5:00 pm ET

(Rochester, New York) Gays and lesbians demonstrated in upstate New York Monday after Monroe County announced it will appeal a ruling that the marriages of same-sex couples performed across the border in Canada must be recognized in New York.

On February 1 the Appellate Division of state Supreme Court 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 Monroe County legislature said Monday it is appealing to the state's highest court. County Executive Maggie Brooks (R) denounced the ruling, saying the five judges at the appellate court were "letting people in Ontario, Canada, define marriage for people who live in New York State. I don't think that's appropriate."

Brooks said she was not attacking same-sex couples.

"This is not a statement about any position at all on same sex marriage, this an appeal that looks at the current state policy," she said. "[W]hat we're saying is, this is a ruling that flies in the face of state policy, a policy that has been embraced by the people of Monroe County and New York State."

Several dozen protestors marched in front of the county legislature on Monday to denounce Brooks.

"While we’re sorry to see that the County Executive has decided to appeal the court’s unanimous decision, this issue will only be settled once and for all when we have a law saying that same-sex couples can marry here in New York State," said Empire State Pride Agenda Executive Director Alan Van Capelle.

Last June the Democratically-controlled New York State Assembly passed same-sex marriage legislation but the GOP-controlled Senate has refused to take up the bill.

In 2006 the New York Court of Appeals, the state's highest court, ruled that same-sex couples do not have a constitutional right to marry. It said that the issue, however, could be taken up by the Legislature.

In April, Gov. Eliot Spitzer became the first governor in the country to introduce same-sex marriage legislation.