New York State€™s highest court unanimously fought off a challenge to the NYS policy signed by Gov. David Paterson that recognizes gay marriages performed in other states.
However, the judges ruled narrowly, and asked that the legislature resolved the question of marriage equality.
From the New York Times:
€¦the decision gave gay advocates a small victory because it was narrowly written and applied to a relatively small number of people.
In their majority ruling, four of the seven members of the court said they were making their decision on narrow grounds involving the specifics of each case, and not settling the broader question of whether same-sex marriages performed in other states should be recognized. Judge Eugene F. Pigott Jr., writing for the majority, expressed €œhope that the Legislature will address this controversy.€
But in a concurring decision, three of the justices said that the court should have addressed the wider issue because New York law already allows for the recognition of marriages that are considered legal elsewhere.
Judge Carmen Beauchamp Ciparick, who wrote the concurring decision, said €œthat the orders under review should be affirmed on the ground that same-sex marriages, valid where performed, are entitled to full legal recognition in New York under our state€™s longstanding marriage recognition rule.€
The ruling leaves open the possibility that there could be future challenges on the issue in New York.
Gov. David Paterson issued an executive order last year extending state recognition to gay couples who are married in states where same-sex marriage is legal. The order was challenged by anti-equality activists who argued that marriage equality should be decided by the legislature.
A marriage equality bill has passed the New York State Assembly; it is not clear whether it will come up for a vote in the state senate.
***** From Evan Wolfson:
The policy of honoring marriages on equal terms was upheld in a ruling today by the NY Court of Appeals, with a strong and repeated plea by the High Court to the Legislature to act on the underlying question of the freedom to marry here in NY.
By Jennifer Vanasco, editor in chief, 365gay.com 11.19.2009 11:40am EST
