Source:
" href="http://www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=/20080506/NEWS/80506041" mce_href="http://www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=/20080506/NEWS/80506041">Poughkeepsie Journal, Empire State News, News8
ALBANY -- New York's highest court Tuesday sent back to a lower court a case involving whether Monroe County has to recognize a marriage between two women.

The Court of Appeals refused to hear the case involving Patricia Martinez, an employee of Monroe Community College. She sued the county after it refused to grant benefits to Martinez’s female partner, Lisa Ann Golden, whom she married in Canada in 2004.

The court ruled Tuesday that an issue of damages has to be settled before it can hear the case. That issue is now before a trial court in Rochester.

The county has argued that it didn’t have to provide benefits because the state doesn't recognize same-sex marriages. Attorneys for the women countered that New York has long recognized marriages performed in other states and countries.

A trial court (called "Supreme Court" in New York) ruled initially that Martinez and Golden were not entitled to benefits. That ruling was overturned in a unanimous decision by a mid-level appellate court.

The case raised the issue of whether the longstanding "marriage recognition rule," which requires New York State to recognize marriages that were solemnized outside the state, applies to gay and lesbian couples' valid marriages. The appellate court held that it does and that Martinez and Golden's valid Canadian marriage must be recognized.

Because the higher court won't yet hear the case, that ruling stands and sets a precedent for jurisdictions across the state. However, it is possible another court could eventually undo the decision made in Martinez v, Monroe County.

Even though the high court declined to consider the substance of the case, today's ruling was hailed as a victory by some LGBT rights advocates.

"Today is a great day for fairness in New York State," said Donna Lieberman, executive director of the New York Civil Liberties Union. "This is a victory for families, and it's a victory for human rights. Congratulations to all gay and lesbian couples validly married outside of New York State. Now we need to work toward a New York where you don’t have to cross state or country lines to get married."

But Monroe County Executive Maggie Brooks said she's confused by the decision. Brooks has pressed the case, arguing that the county can't afford to give equal benefits to its gay and lesbian employees. She claimed to Rochester's "News8" TV that the the county just wants to know which law to follow.

"If you don't have a true clarification in this case... the local governemnt such as Monroe County will be in a difficult position of interpreting the law on their own and that could force us to make some very difficult and controversial decisions going forward," Brooks said.

Full article: Top court returns same-sex nuptials case to lower court | Poughkeepsie Journal
New York’s highest court validates lesbian couple’s Canadian marriage | Empire State news
Highest court refuses to hear gay marriage case | Rochester Homepage