Lambda Legal Defends Westchester County Executive Spano in Marriage Recognition Lawsuit

(New York, NY June 23, 2008) — In oral arguments today at the New York Supreme Court, Appellate Division, Second Department, Lambda Legal defended County Executive Spano's responsibility to adhere to New York law and recognize out-of-state marriages of same-sex couples.

"In addition to Governor Paterson's move to ensure that state agencies are in line with the law, we have a string of unbroken case law demonstrating the obligation of New York to respect out-of-state marriages of same-sex couples," said Susan Sommer, Senior Counsel at Lambda Legal. "The Alliance Defense Fund has brought a series of unsuccessful cases that are contrary to New York law."

The lawsuit was filed by the Alliance Defense Fund on behalf of three Westchester County taxpayers after County Executive Spano's June 6, 2006 Executive Order No. 3 which directs, "each and every department, board, agency, and commission of the County of Westchester under my jurisdiction to recognize same sex marriages lawfully entered into outside the State of New York in the same manner as they currently recognize opposite sex marriages for the purposes of extending and administering all rights and benefits belonging to these couples, to the maximum extent allowed by law."  In March 2007, the lower court ruled that Spano's order was legally issued and consistent with New York law. That ruling was appealed leading to today's arguments. 

Lambda Legal intervened in the case on behalf of Westchester County couple Michael Sabatino and Robert Voorheis, who married in Canada where same-sex couples may legally wed.

Senior Counsel Susan Sommer is Lambda Legal's lead attorney on the case. Jeffrey S. Trachtman and Norman C. Simon of the New York City law firm Kramer Levin Naftalis & Frankel LLP are co-counsel on the case.

The case is Godfrey et al. v. Spano.

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Erin Baer 212-809-8585 ext. 267; Email: ebaer@lambdalegal.org