New York Recognizes Out-of-State Gay Marriages
Thursday May 29, 2008
According to a memo from the counsel to Gov. David Paterson, the State of New York will recognize the marriages of gay and lesbian couples wed elsewhere.What does this mean for gay New Yorkers married in other states and countries?
Under the order, state agencies (including insurance and health care departments) must immediately recognize same-sex marriages legally performed elsewhere. Legally wed gay couples that are now New Yorkers can take advantage of the same benefits as heterosexual married couples in the state, including state tax breaks, inheritance rights, etc.
Does this mean same-sex couples can now get married in New York?
No. The directive only covers gay couples wed outside of New York.
Why?
Same-sex marriage is not legal in New York. A previous ruling by the New York Court of Appeals says that gay marriages can only be legalized by the state legislature.
Then, can my husband and I marry, in say Massachusetts, come back to New York, and have our marriage recognized by the state?
Technically, yes. Gay marriage is legal in Massachusetts, Connecticut, Iowa and several countries. Gay couples can legally marry in those places then return to New York. Under Governor Paterson's directive, their marriage will be recognized in New York State.
Is this the first time a state or country has mage this type of decision?
Yes. In November 2006, Israel ruled that gay couples legally married abroad can reside in Israel as registered married couples. read more
Image © Scott Wintrow/Getty Images.
Comments
Supporters of homosexual marriages state the’ unconstitutional’ value of its restriction as their strongest suit. Only by elevating ’incapacity’ to ‘inequality’ does the gay marriage movement make sense. Civil rights of a person - as the in the Civil Rights Movement that took place in the courts - is the only instance of ‘equality guarantees.’ They were not a vehicle for remaking fundamental social institutions in an effort to manage questions of social status and approval such as is now the case with same-sex unions. In federal law, marriage is defined as a legal union between one man and one woman. As an institution, therefore, marriage transcends the mere self-gratification of the married couple. By admitting homosexual and lesbian relationships to the privileges of the married state we would devalue this status. weaken the duties - the sense of obligation it entails. According to the nullity of marriage, an unlawful marriage is either void or voidable because of conditions existing at the time of the marriage. A bigamous or incestuous marriage is void, there is no need to bring suit to obtain a decree declaring it void. (The Columbia Encyclopedia) Homosexual marriages fall under the category of ‘void marriages.’ There is no need to explain why such an act should not be allowed under the Constitution of the United States.
That’s your opinion. “By admitting homosexual and lesbian relationships to the privileges of the married state we would devalue this status. weaken the duties - the sense of obligation it entails.” As a married lesbian, I perform my duties with pride and better than more than half the straight people I know. Get a clue!
Reta: Not to mention that fact that legally allowing divorce, married str8s committing rampant adultery, and popping out babies at an unhealthy and financially unsustainable rate does more to devalue a the state of marriage than anything else. Secondly: your ‘rationale’ was the same argument used to prevent free black slaves from marrying white people. The rationale that marriage is for procreation is childish, ignorant and meanspirited if not un-educated. Last time I checked all you need is a man and woman to make a baby, but not marriage. It’s sex that makes babies not the US constitution. Secondly: If marriage is for babies, then are married str8 couples who do not produce marriages now “VOID” marriages under your reasoning? the Only answer is no. Therefore, your void argument goes poof. Thirdly: Children aopted by loving adults who support them, clothe them, educate them and see that they grow to be well rounded, open minded, free-thinking adults who accept the differences in all people, WITHOUT the benefit of brain-washing or predjudice, make the best parents. Be they gay, or str8. So, Reta, is you’re not gay, don’t worry. You will be always allowed to say ‘no’ should a lesbian ever ask you to marry. However, please support my basic human right to choose the partner of my life, just as you do. Or, did you?
My first comment is in regard to what Reta said: “By admitting homosexual and lesbian relationships to the privileges of the married state we would devalue this status. weaken the duties - the sense of obligation it entails.” Reta, so many people were wedded in California before Prop 8, in that time did your husband leave you? Did Prop 8 pass just in time to make your marriage stronger?
Secondly: “A bigamous or incestuous marriage is void, there is no need to bring suit to obtain a decree declaring it void. (The Columbia Encyclopedia) Homosexual marriages fall under the category of ‘void marriages.’ There is no need to explain why such an act should not be allowed under the Constitution of the United States.” Reta, You sad and ignorant animal. What makes you think that Same Sex marriage is in any way related to incest or bigomy? In that statement, you’re just trying to be rude and disgusting and you succedded. Maybe you learned everything know from the Columbia Encyclopedia.
Regards, Robert
Reta
The laws need to be re-written to accomidate the rights and beleifs of gay people and to not be discriminatory. The law was written so long ago and it was written with the social and religious notation that marraige was to be be between a man and a woman. My religious beleifs conclude that marraige is between 2 people who love eachother and in America we were granted the freedom to practice any religion we choose and that religion and government are SEPERATE.
As for your pretty way of saying that gay marriage weekens heterosexual obligations and duties, show me one straight couple who let their relationship be weakend by gay peoples desire to be happy. Does gay people getting married weaken your marraige? If so….that is a problem in your own marraige.
The bottom line is simple. MIND YOUR OWN BUSINESS. If you really are solid in your own beleifs, what does it matter???