Source: Newsday, New York Times, Associated Press

NY marriage rulings

Newsday reports that the Rockville Centre couple is now planning to fly to California in October, with their 4-year-old son and other family members, to make their relationship official in the wake of recent State Appellate Court rulings and Gov. David A. Paterson's executive order recognizing out-of-state same-sex marriages.

Equality advocates and couples like Friedman and Zwerwin had reason to celebrate on both coasts Thursday, with New York set to recognize same-sex marriages performed elsewhere and California announcing that it would begin issuing marriage licenses to gay couples on June 17.

Hours after California issued a directive Wednesday authorizing that date, word came that New York Gov. David Paterson instructed state agencies -- including those governing insurance and health care -- to immediately change policies and regulations to recognize gay marriages.

"I am delighted; I am thrilled," said Friedman, 40, a former attorney who is now a stay-at-home dad who lobbies as a volunteer for equal marriage rights. "We're finally doing it because we can and because it means something."

Few Long Islanders were clear yesterday on the full implications of those rulings, and people were anxious to find out more. The phones began ringing at Long Island Gay and Lesbian Youth shortly after the Bay Shore office opened yesterday morning, said the group's chief executive, David Kilmnick.

Many others were also trying to figure out the full implications of the governor's directive on Thursday.

The legislature’s top Republican said he had yet to decide whether to challenge the governor.

Joseph L. Bruno, the majority leader of the State Senate, said Thursday morning that he was surprised by the governor’s order but had not yet read it.

"I'm not going to second-guess it because I haven’t seen it," Bruno said. "I don’t know the ramifications of this."

For years, gay rights advocates have sought recognition for same-sex marriages so couples could share family health care plans, receive tax breaks by filing jointly, enjoy stronger adoption rights and inherit property.

Many or all of those rights would now appear to be available to New Yorkers who legally wed same-sex partners in other states and countries, according to the memo sent earlier this month from the governor's counsel. Agencies have until June 30 to report back to the counsel on how, specifically, the directive will change existing state benefits and services for gay couples.

"This is a milestone in the fight for fairness in New York," Donna Lieberman, executive director of the New York Civil Liberties Union, said in a statement. "Couples in New York who have never known true security for their families will be officially entitled to treatment by our state government that respects their rights."

At a news conference on Thursday afternoon, Mr. Paterson repeated the directive and said that although he supports gay marriage and will continue to push for it in the future, this was not an "end run around the Legislature" but merely his interpretation of current laws on the books.

"I'm following the law as it always has existed," he said.

Asked to respond to critics of the directive, he said, "I would suggest that if they went back and read the law, that they would come to a different interpretation themselves, even if they disagree with the concept of marriage equality.

"If I didn’t take this action," he added, "I would leave this state open to law suits. I would leave the state treasury open to monetary damages."

Paterson spokeswoman Erin Duggan said the May 14 memo is intended to guide the actions of state agencies. It states that agencies must change policies and regulations to make sure "spouse," "husband" and "wife" are clearly understood to include gay couples.

The memo says failure to include gay marriages in the dispensing of state services such as health care benefits could violate state human rights law. The agencies could face sanctions for any violations, it warns.

The agency changes can be instituted through internal memos or changes in regulations and would not require legislative action, Paterson counsel David Nocenti said in the memo, first reported by the New York Times.

Nocenti's memo -- one of the strongest steps the state can take short of action by the Legislature -- cited a Feb. 1 ruling by a New York Appellate Division court in a case involving a woman wed in Canada who was denied benefits by her partner's employer.

The appellate judges determined that there is no legal impediment in New York to the recognition of a same-sex marriage. The state Legislature "may decide to prohibit the recognition of same-sex marriages solemnized abroad," the ruling said. "Until it does so, however, such marriages are entitled to recognition in New York."

Massachusetts is currently the only U.S. state that recognizes same-sex marriage, but its residency requirements would bar New Yorkers from marrying there.

New York residents could instead flock to California, where gay couples will be able to wed beginning June 17 -- unless that state's Supreme Court decides to stay its own ruling same-sex gay marriage. Upon their return home, in the eyes of the state, their unions would be no different from those of their heterosexual neighbors.

Gay couples could also travel outside the country to marry in Canada or one of the other nations where same-sex marriage is legal.

The move by Paterson's administration does not, however, legalize same-sex marriage in New York. The state's highest court, the Court of Appeals, has said it can only be legalized by the Legislature, which failed to pass a proposed measure last year.

Last year, the Assembly, led by Democrats, passed a bill to legalize same-sex marriage, but the Senate didn't take up the bill. A vote in the Senate is considered even less likely this year, a legislative election year in which the Republicans are hoping to cling to its majority by appealing in part to its more conservative base.

Predictably, religious and social conservatives vowed Thursday to fight the governor's directive, saying it flouts traditional values and is a big step toward legalizing same-sex unions in New York.

"The definition of marriage predates recorded history," said New York State Catholic Conference Executive Director Richard E. Barnes, without explaining how he can be sure of something that "predates recorded history".

"No single politician or court or legislature should attempt to redefine the very building block of our society in a way that alters its entire meaning and purpose," he asserted.

Susan Sommer, senior counsel as Lambda Legal, said the directive simply tells state agencies how to follow existing law.

"The directive from Governor Patterson just follows the law that has been in effect in New York for years, which is that out-of-state marriages of same-sex couples must be recognized in New York," Sommer said. "We at Lambda Legal are thrilled that this marriage recognition rule is getting much deserved attention. There are many same-sex couples who can now interact with government agencies with full confidence that their marriages will be respected."

Full article: Long Island's gay community cheers Paterson move | Newsday
Bruno Weighs Gay Marriage Directive | New York Times
Gay rights advocates score wins in NY, Calif. | Associated Press
Recognition of gay marriages in NY faces battle | Associated Press