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