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