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New York Will Recognize Gay Marriages from out of State

May 29, 2008 02:57 PM

by findingDulcinea Staff

New York will revise laws and statutes so that same-sex couples who wed in other states will have all rights of marriage.

New York Governor David Paterson has informed state agencies that same-sex couples wed in other states or countries “should be afforded the same recognition as any other legally performed union.” Both those for and against gay marriage feel that the governor’s directive brings the state closer to legalizing gay marriage. Assemblyman Daniel O’Donnell celebrated the decision, noting that “very shortly, there will be hundreds and hundreds and hundreds, and probably thousands and thousands and thousands of gay people who have their marriages recognized by the state.” But opposition groups feel that Paterson has circumvented the state legislature.

With strong feelings on both sides, the new gay marriage laws and policy may be a factor in the upcoming election. In California, gay marriage opponents have petitioned to put a proposal on the November ballot that would amend the state constitution to ban same-sex marriage. The California legislature has tried to legalize gay marriage twice, but Governor Arnold Schwarzenegger vetoed the laws, saying the decision should be left to voters or the court. Similar propositions may be put on the ballot in other states, and, if so, may bring more conservatives to the polls.

Headline Link: ‘New York to Back Same-Sex Unions From Elsewhere’

In a decision he described as “a strong step toward marriage equality,” New York Governor David Paterson directed state agencies to accept gay marriage certificates from other states. New York will be the first state that does not allow gay marriages but does recognize them. Both Paterson and his predecessor, Eliot Spitzer, have advocated for gay marriage, but bills have stalled in the state legislature. Paterson’s recent action has provoked criticism from those opposed to gay marriage. “It’s a perfect example of a governor overstepping his authority and sidestepping the democratic process,” said the legal counsel for the Alliance Defense Fund.

Source: The New York Times (free registration may be required)

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Background Link: ‘Courts in L.A. Will Perform Gay Marriages’

In May, the California Supreme Court ruled that it is illegal to ban gay marriage, and local courts are getting ready to perform such marriages when the ruling takes effect. Previously in California, state law mandated that marriage was between a man and a woman, but the court overturned the law on grounds of discrimination. Groups opposed to gay marriage have collected signatures for a vote on amending the constitution to disallow gay marriage this November.

Source: findingDulcinea

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Historical context: Gay marriage laws in other states and abroad

In 2003, the Boston Globe reported that in a 4–3 ruling, the Supreme Court in Massachusetts had ordered the legalization of same-sex marriage. The majority ruling stated that Massachusetts “forbids the creation of second-class citizens.”

Source: The Boston Globe (subscription may be required)

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In 2006, New Jersey took a more moderate approach than Massachusetts and legalized not marriage, but civil unions, for same-sex couples.

Source: Stateline.org

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In 2000, Vermont became the first state to legalize civil unions between same-sex couples, although it refrained from allowing the unions to be called marriage.

Source: Time

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On July 20, 2005, Canada became the fourth nation—after the Netherlands, Belgium and Spain—to legalize same-sex marriage. There was much controversy surrounding the decision, and concern from churches and conservative groups. Clergy were assured that they would not be obligated to perform same-sex marriages, but one group who opposed the decision warned that legislators who supported the law would be voted out of office in the coming election.