Posted on 02/02/2008 2:55:04 AM PST by XR7
A New York appellate court ruled Friday that valid out-of-state marriages of same-sex couples must be legally recognized in New York, just as the law recognizes those of heterosexual couples solemnized elsewhere. Lawyers for both sides said the ruling applied to all public and private employers in the state.
Even though gay couples may not legally marry in New York, the appellate court in Rochester held that a gay couples 2004 marriage in Canada must be respected under the states longstanding marriage recognition rule, and that an employers denial of health benefits had discriminated against the couple on the basis of their sexual orientation...
For more than a century, the court noted, New York State has recognized valid out-of-state marriages. Moreover, it said that the Court of Appeals, the states highest judicial body, has said the Legislature may enact laws recognizing same-sex marriages. In our view, the Court of Appeals thereby indicated that the recognition of plaintiffs marriage is not against the public policy of New York, the court held.
As a practical matter, the marriages of thousands of gay couples entered into outside the state have been recognized in recent years by many state and local agencies and by private employers...Fridays ruling, legal experts said, was the first by an appellate division court...
This is a victory for families, its a victory for fairness and its a victory for human rights, said Donna Lieberman, executive director of the N.Y.C.L.U. Congratulations to all same-sex couples validly married outside of New York State: You are now husband and husband, wife and wife. Now we need to work toward a New York where you dont have to cross state or country lines to get married...
(Excerpt) Read more at nytimes.com ...
WTF?!!
Why?
This better be challenged in a higher court.
Foreign law strikes again
Because Gnu Yak is an immoral, socialist wasteland of professional politicians-prostitutes who have driven all of the jobs and incentives for capitalism out. George Elmer was a dunce, a twit and a dufus, but Boss Eliot, the entire legislature and the courts here are all power mad elitist socialists with only one thing in mind, stay in Albany and collect the spoils!
I can’t wait to leave.
>>A New York appellate court ruled Friday that valid out-of-state marriages of same-sex couples must be legally recognized in New York, just as the law recognizes those of heterosexual couples solemnized elsewhere. Lawyers for both sides said the ruling applied to all public and private employers in the state.<<
Marriage is not a right - we should give citizens equal rights but government sanctioned marriage has never been for any two people - not even any two people in a male/female relationship. We have health requirements, we prohibits relatives from marrying and we impose age limits and limit people one marriage at a time. Government marriage is basically an incentive system to provide families that society judges best to raise children.
However.... this is coming because its in the constitution.
If one state grants a marriage, all other states have always been bound to recognize it under Article IV Section 1 - Full faith and credit.
>>Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.<<
To those who previously argued that federalism was the way to deal with this marriage issue, I submit EXHIBIT A.
It’s time to change your mind.
And I’ll also remind you that of the two leading Republican presidential candidates, one stood on the floor of the US Senate and argued on behalf of the Federal Marriage Amendment. And the other heard that argument and countless others and then proceeded to vote against it.
Interpret that as you will.
I agree. Two people who want to make a commitment to spend the rest of their lives with each other is bad for society.
Homos should be out on the street parading in leather and lace and by no means living humble lives in the privacy of their own homes with the normal legal protections and advantages of a civilly recognized union.
When do I get to marry my dog? I have rights! Freedom and justice for ALL! Blah blah blah.....
OK...does this mean that my concealed carry permit from VA is now good in NYC?
>>When do I get to marry my dog? I have rights! Freedom and justice for ALL! Blah blah blah.....<<
Well, no but your dog license ought to be good when you visit Florida. :)
>>OK...does this mean that my concealed carry permit from VA is now good in NYC?<<
It ought to.... But then you shouldn’t need a permit to do something you are already guaranteed by the constitution.
this is the product of lib/dem judges and the piaps or b. hussein becoming president.....
if people think the affirmative action party candidates is offensive in 2008...just wait for the gay/lesbian/transgendered/illegal/felon canidates that want to run in 2012!!!
celebrate diversity!!!!
There are no jobs or capitalists in New York? Really?
To whom are you referring? There is only one US Senator left in the Republican race, McCain, and he always voted against the Federal Marriage Amendment.
NOT ONE PEEP ON THE MSM!
Super Tuesday McCain protection template in place.
and the filthy disease ridden queers win again...
Because of the ‘Full Faith and Credit’ clause in the US Constitution. It’s the Law of the Land.
A lot of the “full faith and credit clause” of the constitution has been going arond this thread, but how does that apply to a marriage performed in Canada?
>A lot of the full faith and credit clause of the constitution has been going arond this thread, but how does that apply to a marriage performed in Canada?<<
I wouldn’t think it does - I think we have a choice whether to respect arrangements from overseas - is this marriage from Canada? if so I totally missed that and I apologize for speaking without reading correctly.
Wanna marry your horse? Sure!
Don't like Christians on your property? No problem!
Promise you will donate to my re-election if I let you take your neighbors property! Good deal! It's done!
If I understood the story correctly, it was a Canadian “marriage” in this particular case. That being said, the application of the “full faith and credit” clause is also selective and capricious. As others have posted, it is applied to these bogus “marriages” but never to 2nd Amendment rights.
What really gets me about this case is that the supreme court of New York has already ruled on this issue, and ruled that banning same sex marriage is legal and not unconstitutional. So having failed to force it through court that way ,they decided to bring in the case of someone married in Canada and whether or not that marriage is legal in New York. Seems to me if the N.Y. Supreme Court ruling is to be respected,that this ruling has to be overturned at some point in an appeal court.
you are not far away fromthe truth there
last year a man was caught haivng sex with an animal, guess where it happened and where the man was from
yes sherborn massachusetts, but guess what the media didn’t cover the story and instead either ignored it or tried to bury it.
when can the muslims have 4 wives like their religion says as they are not botherging you, they are not hurting you, it;s their private buisness, live and let live
after all aren’t these the same arguments homo’s use to push their agenda
Fact is that a federal amendment is needed to change this sick marriage.
of course with either Mc Cain, or the dems in power it will never happen
gays have been doing this for years
it’s not about gay amrriage it’s about pushing their sick agenda
They get married ARF in one state they branch out to other states and now ask for a divorce thus making the new state recognise their marriage, now this opens the door to have another queer come in and ask to get married when the statye says no they go to court and tell the judge that back last year they recognised the gay marriage of so and so and they must recognise this
if you want proof just look at the original homo’s who asked massachusetts to marry them and then moved to other states asking to get divorced.
the sooner people see what they are doing the better yet the media of course won’t tell the public this until it’s too late for anyone to doing something just like in massachusetts, though saying this even when they got all the signatures to et a marriage amndment the crooked dems led by the new Gov deval patrick bribed the legislature to not let the poeple of that state vote
wheres the outrage from the dems about voter suppression
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