NY top court to consider gay marriage benefits

New York's top court is set to hear arguments against providing government benefits to same sex couples married in Canada or other jurisdictions where such marriages are legal.

[Nancy]

I find this type of lawsuit to be mean-spirited and way out of line, given that the plaintiff, Alliance Defense Fund of Scottsdale, Ariz., is not from New York. With health care costs rising, job loss increases, two wars, child care needs, and worrying about how to take care of one’s elders, this lawsuit is despicable, discriminatory and just plain unfair. This lawsuit is part of the larger effort by the Conservative Right to blame the gays, the Middle East, Jewish people, Arab people, the young, the liberals – anyone – as long as it is not them. The Conservative Right has spent eight years blaming everyone for things that they should look in the mirror about. Enough is enough, New York. Please write your Congress person and tell the Alliance Defense Fund of Scottsdale, AZ, that we do not want this type of hatred in Albany!

[ltndncr59]

I was under the impression that New York State already recognizes marriages of same-sex couples from other states, and from Canada.

[Short Left Index Finger]

Ask a tax accountant to consider the benefits of gay marriage.

[Eschew Obfuscation]

ltndncr59 wrote:

I was under the impression that New York State already recognizes marriages of same-sex couples from other states, and from Canada.

New York does, but this is about arguments AGAINST the governmental benefits given to same-sex couples.

[Rick in Kansas]

ltndncr59 wrote:

I was under the impression that New York State already recognizes marriages of same-sex couples from other states, and from Canada.

They do, but this recognition is based on a middle level court ruling and an executive order by the Governor, nothing is on the books yet. What the ADF is trying to do here is get the state's highest court, the Court of Appeals, to overturn that earlier ruling by an Appellate Division Court in another case. What is working in their favor is the Court of Appeals is made up pretty much of the same group that upheld New York's law prohibiting same sex marriage and almost all are Republican appointees. What is working against them is that three of the four court's Appellate Divisions, the one which ruled that there was nothing specific in New York law to prohibit recognition in the earlier case and the two which rejected the ADF's suits being heard yesterday, have now ruled in favor of out of state marriages being recognized by the state...

[Ye Olde Fart]

Nancy wrote:

I find this type of lawsuit to be mean-spirited and way out of line, given that the plaintiff, Alliance Defense Fund of Scottsdale, Ariz., is not from New York. With health care costs rising, job loss increases, two wars, child care needs, and worrying about how to take care of one’s elders, this lawsuit is despicable, discriminatory and just plain unfair. This lawsuit is part of the larger effort by the Conservative Right to blame the gays, the Middle East, Jewish people, Arab people, the young, the liberals – anyone – as long as it is not them. The Conservative Right has spent eight years blaming everyone for things that they should look in the mirror about. Enough is enough, New York. Please write your Congress person and tell the Alliance Defense Fund of Scottsdale, AZ, that we do not want this type of hatred in Albany!

Nancy: The rednecks here in Arizona really don't care what kind of
damage they are causing as long as their hate ideology is promoted.

[ltndncr59]

Rick in Kansas wrote:

<quoted text>They do, but this recognition is based on a middle level court ruling and an executive order by the Governor, nothing is on the books yet. What the ADF is trying to do here is get the state's highest court, the Court of Appeals, to overturn that earlier ruling by an Appellate Division Court in another case. What is working in their favor is the Court of Appeals is made up pretty much of the same group that upheld New York's law prohibiting same sex marriage and almost all are Republican appointees. What is working against them is that three of the four court's Appellate Divisions, the one which ruled that there was nothing specific in New York law to prohibit recognition in the earlier case and the two which rejected the ADF's suits being heard yesterday, have now ruled in favor of out of state marriages being recognized by the state...

Thank you to you and the poster above who replied.

[DNF]

Short Left Index Finger wrote:

Ask a tax accountant to consider the benefits of gay marriage.

It is not just about tax benefits and money. It is much more. The number of legal rights automatically granted a "spouse" are over 1200 and include the right to make medical decisions, and visitation, not to mention protections for children.

Denying Same Sex Couples legal recognition of their marriages is wrong, plain and simple. It violates many of the concepts in the U.S. Constitution such as religious freedom and equal protection.(See Article 4 and Amendments 1, 9, 10 and 14)

[DNF]

For over 100 years NY State has recognized the rights of couples from other states in similar situations (common law marriages, for example). The State of New York does not itself offer "common law marriage" in it's laws to it's citizens but has granted legal standing to couples in common law marriages from other jurisdictions.

Basically the Sate of New York has followed the principles found in Article 4 Sec 1 & 2 of the U.S. Constitution.

And since the Federal DOMA gives Sates the OPTION of recognition, New York CAN recognize SSM's from outside NY.

[Im proud my kid is gay]

Ye Olde Fart wrote:

<quoted text>
Nancy: The rednecks here in Arizona really don't care what kind of
damage they are causing as long as their hate ideology is promoted.

You, sir, are awesome for saying that!

[Im proud my kid is gay]

DNF wrote:

<quoted text>It is not just about tax benefits and money. It is much more. The number of legal rights automatically granted a "spouse" are over 1200 and include the right to make medical decisions, and visitation, not to mention protections for children.
Denying Same Sex Couples legal recognition of their marriages is wrong, plain and simple. It violates many of the concepts in the U.S. Constitution such as religious freedom and equal protection.(See Article 4 and Amendments 1, 9, 10 and 14)

DNF, thank you to you as well... You said it very well.
It should also be said; The Government should have never said "no" to any type of marriage when there are 2 legal consenting adults involved. Church and State are not supposed to interact. It is not a matter for Government to decide at all. Or is that just common sense to a slight few in the world?
GTFO Government.

[HBIC]

Im proud my kid is gay wrote:

<quoted text>
You, sir, are awesome for saying that!

Its great that you are proud :) I truly believe that people are born gay and all that matters in life is happiness doesn't matter who makes you happy as long as your are life is too short to be a jerk! I am sure it helps your kid that you are proud what a good parent!

[HBIC]

Im proud my kid is gay wrote:

<quoted text>
DNF, thank you to you as well... You said it very well.
It should also be said; The Government should have never said "no" to any type of marriage when there are 2 legal consenting adults involved. Church and State are not supposed to interact. It is not a matter for Government to decide at all. Or is that just common sense to a slight few in the world?
GTFO Government.

I agree 100% with your statement!

[Rick in Kansas]

DNF wrote:

For over 100 years NY State has recognized the rights of couples from other states in similar situations (common law marriages, for example). The State of New York does not itself offer "common law marriage" in it's laws to it's citizens but has granted legal standing to couples in common law marriages from other jurisdictions.
Basically the Sate of New York has followed the principles found in Article 4 Sec 1 & 2 of the U.S. Constitution.
And since the Federal DOMA gives Sates the OPTION of recognition, New York CAN recognize SSM's from outside NY.

What the Appellate Division court ruled in the Martinez case, was that New York law is very specific as to what marriages performed in other jurisdictions that are not recognizable and while the law regarding who can marry in New York limits marriages to opposite sex couples only, there was nothing in the law regarding unrecognized marriages which excludes them. The Martinez ruling wasn't written as the precedent that it became, it was an appeal on a pre-trial motion as to whether for purposes of the trial Martinez's Canadian marriage was to be considered legal in New York. The county she was suing took the Appellate ruling to the Court of Appeals but they said trial first, rule on the facts later. The case however never made it to trial, the county realized that the deck was stacked against them and they threw in the towel. Since no trial ever took place, what was originally written as an interim ruling to get a trial going suddenly became the precedent that lower courts had to defer to and Appellate courts had to consider in similar cases.

[Im proud my kid is gay]

HBIC wrote:

<quoted text>Its great that you are proud :) I truly believe that people are born gay and all that matters in life is happiness doesn't matter who makes you happy as long as your are life is too short to be a jerk! I am sure it helps your kid that you are proud what a good parent!

Aw. Thank you so much for saying that HBIC! I believe we are born gay or straight as well. We may like to try out certain things in life; haha, but the basics are there before we even know what sex even is.
I wish more people thought like you so there would be less judgmental, prejudiced people in this world!
Thank you!

[qgrimes]

thats plain old nasty that should ne a law now.

[Gay Judah]

Im proud my kid is gay wrote:

<quoted text>
DNF, thank you to you as well... You said it very well.
It should also be said; The Government should have never said "no" to any type of marriage when there are 2 legal consenting adults involved. Church and State are not supposed to interact. It is not a matter for Government to decide at all. Or is that just common sense to a slight few in the world?
GTFO Government.

I agree with you 100%!

[DNF]

Im proud my kid is gay wrote:

<quoted text>
DNF, thank you to you as well... You said it very well.
It should also be said; The Government should have never said "no" to any type of marriage when there are 2 legal consenting adults involved. Church and State are not supposed to interact. It is not a matter for Government to decide at all. Or is that just common sense to a slight few in the world?
GTFO Government.

NAMASTE

[DNF]

Rick in Kansas wrote:

<quoted text>What the Appellate Division court ruled in the Martinez case, was that New York law is very specific as to what marriages performed in other jurisdictions that are not recognizable and while the law regarding who can marry in New York limits marriages to opposite sex couples only, there was nothing in the law regarding unrecognized marriages which excludes them. The Martinez ruling wasn't written as the precedent that it became, it was an appeal on a pre-trial motion as to whether for purposes of the trial Martinez's Canadian marriage was to be considered legal in New York. The county she was suing took the Appellate ruling to the Court of Appeals but they said trial first, rule on the facts later. The case however never made it to trial, the county realized that the deck was stacked against them and they threw in the towel. Since no trial ever took place, what was originally written as an interim ruling to get a trial going suddenly became the precedent that lower courts had to defer to and Appellate courts had to consider in similar cases.

My thanks Rick. I can usually count on you to have all the facts with these cases and I am glad I have you available as a source.
You sum it up cleanly and clearly.
NAMASTE