Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter join
Gay News Sponsor Windy City Times 2016-05-18
DOWNLOAD ISSUE
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage


  WINDY CITY TIMES

N.Y. gov.: No gay exception on marriage recognition
by Lisa Keen, Keen News Service
2008-06-04

facebook twitter del.icio.us stumble upon digg google +1 reddit email


It was front page of the New York Times and on television news broadcasts everywhere, so New York Governor David Paterson's directive that state agencies prepare to recognize same-sex marriages from other states must have been something big and new, right?

No. And yes.

What Paterson did, say gay legal activists, is declare that his administration would follow and enforce a law that already exists in the state and has for a long time. That law says that the state will recognize marriages licensed in other states, even if those marriages wouldn't be licensed in New York.

Legally, Paterson changed nothing.

But politically, the governor has made it easier for gay couples in New York who travel to Canada and ( soon ) California to obtain marriage licenses to have those licenses recognized by state agencies once they return home.

Prior to the governor's directive, say gay legal activists, some gay couples faced resistance by some state agencies. Most notorious of these was a state community college in Rochester that tried to deny benefits to a lesbian employee and her spouse, who had married in Canada. But the lesbian, Patricia Martinez, challenged the Monroe Community College's denial of benefits and won before a state appeals court last February. When the state supreme court refused to review the state's appeal, the victory was secured.

'The governor could have done nothing and it would have been more of a battle', said David Buckel, an attorney with Lambda Legal Defense and Education Fund, based in New York City. 'But he said, 'This is the law, make sure you're following it'.' By doing so, said Buckel, the governor is educating the state agencies and the public about the law. The result should be fewer lawsuits by couples seeking to secure their rights.

'Thousands of same-sex couples in New York have traveled to Canada and come home ... and when they say 'I'm married,' it means something real,' Buckel added.

According to the Times, Paterson started moving in this direction shortly after taking office in March, following Governor Eliot Spitzer's sudden resignation due to a prostitution scandal. The governor's legal counsel, David Nocenti, advised him that the administration should send out a memo to state agency's on how to comply with the ruling in the Martinez case in February. At Paterson's direction, Nocenti sent that memo out May 14—one day before the California Supreme Court issued its ruling in support of gay marriage.

The memo advised agencies that, in light of the Martinez case and others, stage agencies 'that do not afford comity or full faith and credit to same-sex marriages that are legally performed in other jurisdictions could be subject to liability. '

'In addition, extension of such recognition is consistent with State policy,' said the memo.

Nocenti then instructed agencies that 'it is now timely to conduct a review of your agency's policy statements and regulations, and those statutes whose construction is vested in your agency, to ensure that terms such as 'spouse,' 'husband' and 'wife' are construed in a manner that encompasses legal same-sex marriages, unless some other provision of law would bar your ability to do so. ' He asked them to alert the state by June 30 of any issues that needed to be addressed to ensure compliance.

'This is not an end run around the legislature,' said Paterson, in response to a question at a press conference about the directive. 'If the legislature wanted to take an action, it could. But the legislature has not provided for marriage equality here in New York. I'm an advocate for it, but that's not the reason I came to this conclusion. I am taking the same approach that this state always has with respect to out of state—I'm following the law as it always has existed.'

Paterson spent some of the press conference explaining in great detail and considerable eloquence by domestic partnerships don't measure up to marriage.

Evan Wolfson, head of the national Freedom to Marry organization, agrees. He says the governor's directive means less 'case by case wrangling' over how the existing law is to be enforced when it comes to same-sex couples.

'The governor is saying, 'We're not going to have a gay exception to that law,'' said Wolfson. 'He's not making new law, but he's squarely putting the moral authority of the New York State government on the side the state assembly's already taken –on the side of gay couples. And as you can see from all the coverage around the country, it's a big deal politically and culturally.'

©2008 Keen News Service


facebook twitter del.icio.us stumble upon digg google +1 reddit email




Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Illinois state GOP: Marriage is still one-man, one-woman 2016-05-23
Mexico's Wild Ride to Marriage Equality 2016-05-18
Italy approves civil unions 2016-05-12
Local singer Terell marries partner 2016-05-11
First Circuit removes district judge in marriage case 2016-04-13
World: Swedish stamp, Saudi Arabia report, marriage allowed in Norway, Colombia 2016-04-12
Puerto Rico marriage ban stuck down hours after Lambda Legal victory 2016-04-08
1st Circuit removes judge, reaffirms ban's unconstitutionality in Puerto Rico marriage 2016-04-07
Wedding expo unites same-sex couples with supportive vendors 2016-03-23
Lambda Legal asks Court of Appeals to intervene in Puerto Rico marriage case 2016-03-21
Puerto Rico upholds marriage ban 2016-03-16
BOOK REVIEW Charity & Sylvia: A Same-Sex Marriage in Early America 2016-03-09
Puerto Rico Court rules same-sex marriage law does not apply there 2016-03-09
Chicago man files discrimination suit against Chicago Archdiocese 2016-03-08
SSA grants spousal benefits to Texas widow in Lambda Legal case 2016-03-08
Debate Recap: Kasich, Cruz and Trump double down on overturning marriage equality 2016-03-04
Plaintiffs in Supreme Court marriage cases to be honored at LGBT military event 2016-02-25
Windy City Times Wedding Guide 2016-02-23
National: Walmart lawsuit; Puerto Rican justice; gay GOP in Texas; Huey Newton 2016-02-16
FRANKLY SPEAKING What's hot and what's not: Wedding trends for 2016 2016-02-10
The 21st-century wedding movie: Not your mother's wedding video 2016-02-09
World: Marriage in Mexico; hate-crime survey; gay diver retires 2016-02-02
Relationships & the Law Today: Divorce considerations following marriage 2016-01-27
Pope comments on same-sex marriage debate in Italy; DignityUSA responds 2016-01-26
VA revises policies on same-sex spouses; Lambda, AMPA conclude litigation 2016-01-20
Episcopals sanctioned over marriage equality 2016-01-20
VIEWS Where would MLK have stood on marriage equality? 2016-01-20
World news: Chelsea Manning exhibit; Vietnam and marriage; 'Danish Girl' banned 2016-01-19
BOOK REVIEW The Wedding Heard 'Round the World: America 's First Gay Marriage 2016-01-13
National: Marriage milestone; gay man at SOTU; 'they' prevails; Stanford program 2016-01-12
Out at CHM series kicks off with "Are We Still Fabulous?" 2016-01-08
Alabama Chief Justice defies supreme court, orders probate judges to discriminate 2016-01-06
YEAR IN REVIEW Looking back: National news 2016-01-06
Lesbian SLC mayor takes oath; Tutu's daughter marries partner 2016-01-05
Federal Court denies FedEx's push to throw out suit by widow of 26-year employee 2016-01-03
Chicagoans tie the knot in surprise wedding 2015-12-30
Clerk's Office tradition: Gift to first marriage license of 2016 2015-12-30
World: China marriage case; UK chapels; Slovenia repeal; Israeli attorney 2015-12-29
Greece allows civil partnerships 2015-12-29
Greece allows civil partnerships 2015-12-24
 



Copyright © 2016 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS

Sponsor
Sponsor
Sponsor
Sponsor
Sponsor
Sponsor


 



Sponsor

About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage



About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Subscriptions      Distribution      Windy City Queercast     
Queercast Archives      Advertising  Rates      Deadlines      Advanced Search     
Press  Releases      Event Photos      Join WCMG  Email List      Email Blast     
Upcoming Events      Todays Events      Ongoing Events      Post an Event      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Blogs      Spotlight  Video     
Classifieds      Real Estate      Place a  Classified     

Windy City Media Group produces Windy City Queercast, & publishes Windy City Times,
The Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community,
Nightspots, Out! Resource Guide, and Identity.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.