Lambda Legal Challenges New York School District on Behalf of Gay Couple Who Were Denied Spousal Health Benefits After Legally Marrying in Canada

(New York, March 16, 2005) — In legal papers served today, Lambda Legal has taken the first step toward filing a lawsuit on behalf of a gay couple who were legally married last year in Canada but were denied spousal health benefits from Uniondale Free School District on Long Island. The lawsuit will argue that state law clearly requires government entities to respect marriages performed out of state, including same-sex couples’ marriages that were legally performed elsewhere. Lambda Legal represents Duke Funderburke, 72 , who worked as a teacher at the Uniondale Union Free School District in Nassau County for over 20 years before retiring in 1986. He married his partner of 42 years, Brad Davis, 67, in October of 2004 in a ceremony in Ontario, Canada. When Funderburke requested that his retirement health benefits be extended to his spouse, just as benefits are extended to other married retirees, the school district refused. “New York law is clear that when couples get validly married somewhere else, their marriages are recognized in New York. It doesn’t matter whether same-sex couples can get married in New York right now – if they were married legally somewhere else, the law says they’re legally married here,” said Alphonso David, Staff Attorney at Lambda Legal who is handling the case. The papers served today say that the school district violated its contractual, statutory and regulatory obligations, as well as common law and the state constitution, in refusing spousal coverage to Funderburke and Davis (The papers served today are a notice of claim that will allow a lawsuit to be filed in 30 days). Lambda Legal also cites opinions in recent months that were issued by New York’s Attorney General and State Comptroller, both clearly saying that out-of-state marriages of same-sex couples must be recognized in New York. “The law is clear in this area, but we keep hearing from couples like Duke and Brad who are being denied critical health coverage even though they’re legally married,” David said. “These couples are constantly having to prove that they’re married and argue about state law with their employers. With this lawsuit, we’re seeking a definitive court ruling that should keep any state government entities from questioning the validity of these couples’ marriages once and for all.” “We have been together for 42 years and there are many situations in which absent marriage, same-sex couples cannot obtain equal rights—including health benefits. Now that Duke and I are married, we are entitled to the same benefits other married couples enjoy,” said Brad Davis. A favorable ruling would not be the first time a state court in New York recognized a same-sex couple as spouses. In a ruling in April 2003 from Nassau County Supreme Court, Lambda Legal won the first case in the nation that appropriately recognized a couple who entered into a Vermont civil union as spouses outside that state. The decision in Langan v. St. Vincent’s Hospital is currently on appeal. Several Canadian provinces and other countries allow same-sex couples to marry. In the U.S., Massachusetts is the only state where same-sex couples can legally marry. Lambda Legal won a groundbreaking ruling last month, when a New York City judge said same-sex couples must be allowed to marry; the city has asked New York State’s highest court to hear an appeal of the case. Lambda Legal is also suing for marriage equality in New Jersey, where a ruling is pending at a middle-level state appeals court. Earlier this week, a California trial court judge ruled in favor of Lambda Legal, NCLR and the ACLU, saying same-sex couples must be allowed to marry. Earlier this month, the Washington Supreme Court heard oral arguments in a case brought by Lambda Legal and Northwest Women’s Law Center, seeking marriage for same-sex couples statewide. David is Lambda Legal’s lead attorney on the case, Funderburke v. Uniondale Union Free School District et al. 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. ### Lisa Hardaway 212-809-8585 ext.266; pager: 888-987-1971 Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education, and public policy work.