Lambda Legal Applauds the New York State Appellate Court's Decision to Recognize Out-of-State Marriages of Same-Sex Couples

(New York, February 4, 2008) — Statement from Lambda Legal Senior Counsel, Susan Sommer, on the decision in Martinez v. County of Monroe to recognize out-of-state marriages of same-sex couples in New York:

"The appellate decision in the Martinez case confirms what we have been advocating for and what our Governor, Attorney General, State Comptroller, courts, and countless others in NY already agree — if you have a valid marriage from a place like Canada that allows same-sex couples to wed, you are legally married in New York and entitled to have your marriage respected here.

"The Martinez decision, issued in response to a challenge brought by the NYCLU on behalf of a lesbian couple,  is consistent with the two State Supreme Court decisions in Godfrey v. Spano and Godfrey v. DiNapoli, Lambda Legal's cases in which valid out-of-state marriages of same-sex couples were held subject to legal recognition in New York. There is a longstanding marriage recognition rule in New York that requires respect for out-of-state marriages of same-sex couples even though they currently cannot be entered within the state. Appeals have been filed in several cases addressing this issue in which Lambda Legal represents parties, including Spano, DiNapoli  and Funderburke v. New York State Department of Civil Service. The Funderburke  case was argued in another state Appellate Court just days before the Martinez ruling.  In that case Funderburke's partner of 45 years was denied spousal health coverage by the State Department of Civil Service after the couple married in Canada. During the pendency of the case, the Department of Civil Service changed its policy to recognize as spouses same-sex couples married in jurisdictions where their marriage is valid, making health insurance and other employee benefits available to employees and their same-sex spouses at over 800 public employers statewide.

"The New York Assembly has already passed a bill, sponsored by the Governor, that would allow same-sex couples to marry within New York itself. The next step is for the state Senate to pass the bill into law and allow same-sex couples to marry within their home state.  Lesbian and gay New Yorkers shouldn't have to travel to Canada to get the protections they're entitled to at home."

Susan Sommer, Senior Counsel for Lambda Legal, was lead attorney on the Spano, DiNapoli, and Funderburke cases, along with Kramer Levin as co-counsel.

                     ###

Contact: Tika Milan 212-809-8585 ext. 223; tmilan@lambdalegal.org