| New York must recognize same-sex | | | | Until another appeals court rules |
| marriages conducted in other states, | | | | otherwise, New York must recognize |
| until another appeals court rules | | | | same-sex marriages conducted in other |
| otherwise. This was held by the New York | | | | states. So held the New York State |
| State Supreme Court, Appellate Division, | | | | Supreme Court, Appellate Division, |
| Fourth Department, this past Friday, | | | | Fourth Department this past Friday, |
| February 1, 2008. | | | | February 1, 2008. |
| The decision in Martinez v. County of | | | | The decision in Martinez v. County of |
| Monroe arose out of Martinez's quest to | | | | Monroe arose out of Martinez's quest to |
| obtain spousal health care benefits from | | | | obtain spousal health care benefits from |
| Monroe Community College for Lisa | | | | Monroe Community College for Lisa |
| Golden, whom she married in Ontario, | | | | Golden, whom she married in Ontario, |
| Canada. Where the marriage was performed | | | | Canada. Where the marriage was performed |
| was legal, there was no question. And | | | | was legal, there was no question. And |
| then they returned to New York. | | | | then they returned to New York. |
| In the absence of a New York statute | | | | In the absence of a New York statute |
| forbidding same-sex marriage, the Court | | | | forbidding same-sex marriage, the Court |
| found no reason not to recognize the | | | | found no reason not to recognize the |
| marriage. It held that the marriage | | | | marriage. It held that the marriage |
| "is entitled to recognition in New | | | | "is entitled to recognition in New |
| York State." Is this a silent | | | | York State." Is this a silent |
| invitation to the New York State | | | | invitation to the New York State |
| legislature to pass a law deciding this | | | | legislature to pass a law deciding this |
| issue one way or the other? Maybe. | | | | issue one way or the other? Maybe. |
| After the lawsuit was started but before | | | | After the lawsuit was started but before |
| the court's decision, the college | | | | the court's decision, the college |
| changed its health insurance policy to | | | | changed its health insurance policy to |
| cover same-sex spouses. This gave rise | | | | cover same-sex spouses. This gave rise |
| to an interesting wrinkle in this case, | | | | to an interesting wrinkle in this case, |
| for if Lisa Golden was getting health | | | | for if Lisa Golden was getting health |
| insurance anyway, what was there left to | | | | insurance anyway, what was there left to |
| sue over? In legal terms we ask if there | | | | sue over? In legal terms we ask if there |
| was any longer a "justiciable | | | | was any longer a "justiciable |
| controversy." The Court said that | | | | controversy." The Court said that |
| there was, as the college would be | | | | there was, as the college would be |
| liable for damages for the time period | | | | liable for damages for the time period |
| that it refused to give health insurance | | | | that it refused to give health insurance |
| coverage to the plaintiff's spouse. We | | | | coverage to the plaintiff's spouse. We |
| don't know if those damages are great or | | | | don't know if those damages are great or |
| small. They might be the cost of Lisa | | | | small. They might be the cost of Lisa |
| Golden going to the doctor's office, or | | | | Golden going to the doctor's office, or |
| her out-of-pocket expense to purchase | | | | her out-of-pocket expense to purchase |
| her own health insurance or whatever. | | | | her own health insurance or whatever. |
| Thus, it seems that the court had a | | | | Thus, it seems that the court had a |
| potential way out here if it wanted to | | | | potential way out here if it wanted to |
| duck the controversy entirely. It may | | | | duck the controversy entirely. It may |
| have decided that since the college is | | | | have decided that since the college is |
| now providing health benefits, there | | | | now providing health benefits, there |
| wasn't justiciable controversy so the | | | | wasn't justiciable controversy so the |
| lawsuit was "moot." Instead, | | | | lawsuit was "moot." Instead, |
| the court waded in and addressed the gay | | | | the court waded in and addressed the gay |
| marriage issue head-on, giving a | | | | marriage issue head-on, giving a |
| favorable and enlightened reading to the | | | | favorable and enlightened reading to the |
| facts before it. No cowards on this | | | | facts before it. No cowards on this |
| Appellate Division, Fourth Department | | | | Appellate Division, Fourth Department |
| panel. | | | | panel. |
| Commentary: Gay advocates hail the | | | | Commentary: Gay advocates hail the |
| decision as only a first step towards | | | | decision as only a first step towards |
| what they consider truly would be fair: | | | | what they consider truly would be fair: |
| permitting gay marriages in New York | | | | permitting gay marriages in New York |
| State. I and my lawyer friends look | | | | State. I and my lawyer friends look |
| forward to the day when gay marriage is | | | | forward to the day when gay marriage is |
| legal in New York; where there are gay | | | | legal in New York; where there are gay |
| marriages, there WILL be gay divorces. | | | | marriages, there WILL be gay divorces. |