New York recognizes out-of-state same-sex marriages

A New York state appellate court ruled on Feb. 1 that valid out-of-state same-sex marriages must be recognized. For more than a century, New York legally has recognized out-of-state marriages that the state itself would not perform under a “marriage recognition law.”


Although New York City and some other state and local entities have recognized domestic partnerships, neither public nor private employers have been bound legally to recognize same-sex marriages. 


The appellate court ruling states that recognition is mandatory until the state legislature enacts laws decreeing otherwise. The court made the ruling in a case brought by a Monroe Community College employee against Monroe County and Monroe Community College for denying health care to her partner. The ruling may have implications for private employers as well.


The ruling also noted that the State Court of Appeals—the highest judicial body in New York—already has acknowledged the legal ability of the legislature to enact laws recognizing same-sex marriages in the state.


 

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