Court Rules State Must Recognize Same-Sex Marriage

February 2, 2008

A state appeals court ruled Friday that New York must recognize same-sex marriages legally performed outside the state.

The unanimous decision stems from a 2005 case in Rochester where a woman’s partner was denied health benefits.

A state Supreme Court justice dismissed the suit, saying New York does not recognize same-sex marriages. But an appellate panel ruled Saturday there is nothing on the state’s books which prevents a same-sex marriage from being recognized.

Advocates applauded the ruling but said more needs to be done.

“Is today’s court decision a good thing, absolutely it is. It’s always nice to take a step forward,” said Alan Van Cappelle of the Empire State Pride Agenda. “But this is not the be all, end all, decision. What we’re looking for, is for the New York State Senate to do what the governor and the assembly has already said, that gay and lesbian couples all throughout New York State deserve the 1,324 state rights and responsibilities that come with a marriage license.”

The ruling is the first of its kind in the country to hold that a valid same-sex marriage must be recognized.

Source: NY 1

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