Marriage Recognition for Same-Sex Couples in New York: Advances in Court
Published 05/30/08
Inside and outside the courtroom, Lambda Legal has been advocating for the rights of same-sex couples to have their marriages respected in New York since jurisdictions like Canada and Massachusetts first began to confer marriage rights. New York's governor, attorney general, state comptroller, State Department of Civil Service, mayors in cities large and small around the state, courts and countless other New Yorkers have confirmed that valid out-of-state marriages of lesbian and gay New Yorkers are entitled to legal respect here. This respect has been important for purposes of spousal health and other insurance coverage, retirement benefits, death benefits and the countless other protections that come for spouses through marriage. To learn more about where we stand outside the courtroom, see Marriage Recognition for Same-Sex Couples in New York: Advances Outside of the Courtroom. Below we highlight the court work.
Where we stand today in the courts
On May 14, 2008, the governor’s office directed counsel for all state agencies to comply with the court decisions requiring respect for out-of-state marriages of same-sex couples. That directive sought enforcement of the law that had been clarified in three cases, including two Lambda Legal victories. The highest court decision so far came on February 1, 2008, in Martinez v. County of Monroe from the Appellate Division, Fourth Department (Rochester), amid-level New York appellate court. The case involved a challenge brought by the NYCLU and Rochester attorney Jeffrey Wicks on behalf of a lesbian couple, and the court ruled that valid out-of-state marriages of same-sex couples are subject to legal recognition in this state. This ruling is consistent with the trial court victories in Godfrey v. Spano and Godfrey v. DiNapoli, two earlier Lambda Legal cases described below. Martinez must be followed by the lower courts statewide unless and until there is a conflicting decision from another appellate court in New York.
Lambda Legal — Making the case for marriage recognition for same-sex couples in New York.
Funderburke v. New York State Department of Civil Service
In the first of these cases brought in the state, Lambda Legal represented a couple of 45 years, married in Canada in 2004, who were denied spousal health coverage by the former employer of retired public school teacher Duke Funderburke. The case was filed in State Supreme Court (New York's trial-level court) in 2006. The trial court ruled against Funderburke in 2006 in a decision now repudiated by the Martinez decision. While the Funderburke case was on appeal in the Appellate Division, Second Department (Brooklyn), the State Department of Civil Service (DCS) reversed its prior policy and since May 2007 has extended spousal employment benefits to same-sex spouses married to employees at more than 800 public employers around the state. Funderburke's spouse now has health coverage as a result. The government defendants in Funderburke moved to dismiss the appeal, and Lambda Legal successfully persuaded the Second Department to vacate the lower court’s decision — it is now wiped off the books.
Godfrey v. Spano
After Westchester County Executive Andrew Spano issued a 2006 Executive Order confirming that the county would respect out-of-state marriages of same-sex couples for official purposes, an antigay group sued him in Westchester State Supreme Court. Lambda Legal intervened in the case on behalf of Michael Sabatino and Robert Voorheis, a Westchester couple of three decades who had married in Canada in 2003. Sabatino and Voorheis had seen how important it is that their marriage be respected after Sabatino was able to be at Voorheis's side and make medical decisions as his spouse when Voorheis was rushed to the hospital with chest pains.
In March 2007, the State Supreme Court ruled in favor of the county executive and Lambda Legal's clients, holding in the first decision of its kind that valid out-of-state marriages of same-sex couples are subject to legal respect in New York. The antigay plaintiffs have appealed that decision to the Appellate Division, Second Department (Brooklyn). The state comptroller, DCS and attorney general have filed a brief siding with the county executive and Lambda Legal's clients in the pending appeal.
Godfrey v. DiNapoli
In October 2004, the New York State comptroller issued an opinion confirming that the State Retirement System would follow the longstanding marriage recognition rule and give legal respect to out-of-state marriages of same-sex couples. The state comptroller's opinion was challenged in yet another case filed in September 2006 by the same antigay group that brought Spano. Lambda Legal intervened on behalf of a married New York lesbian couple, Peri Rainbow and Tamela Sloan, state employees who together adopted a special needs child from foster care and who depend on having the protections of marriage for their family. A State Supreme Court in Albany rejected this attack against a government official for respecting the rights of lesbian and gay families, dismissing the case in September 2007. The antigay group has filed a notice of appeal in DiNapoli to the Appellate Division, Third Department (Albany).
Lewis v. New York State Department of Civil Service
As the Funderburke case was resolving after DCS extended spousal benefits, the same antigay group brought a fourth case challenging the DCS decision. Lambda Legal intervened in Lewis on behalf of clients Rainbow and Sloan to protect the health coverage they have been able to obtain for their family under the DCS policy. In March 2008, the State Supreme Court upheld the state’s policy, adding to the drumbeat that marriages of same-sex couples get legal respect .
Where we go from here
New York's courts, governor, attorney general, state comptroller, major cities and countless others already agree: If you have a valid marriage from a jurisdiction 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 next step is for New York same-sex couples to be able to marry within their home state. And New York is already far along in taking this step: In June 2006 the New York State Assembly passed, by a vote of 85-61, a bill sponsored by the governor that would allow same-sex couples to marry in New York. The New York State Senate must now pass the bill so that the governor can sign it into law.
