In light of Connecticut’s legalization of same-sex marriage ruling last week, there may be added pressure to legalize such unions in New York.
Last week the Connecticut Supreme Court made such marriages legal, and it struck-down the state’s civil union statute as discriminatory. See our prior post here.
In today’s New York Law Journal there was a news item that the Connecticut Legislature will next year introduce and pass a law legalizing gay marriages. This will codify the Connecticut Supreme Court’s ruling of last week.
New York now has on its borders two states and a country which recognize gay marriage. To the east, Massachusetts and now Connecticut have joined California in legalization. To the north, Canada recognizes same-sex marriages. There will be increased pressure in New York for the state to legalize same-sex weddings performed in New York.
New York’s Court of Appeals might address the legality of New York recognizing a Canadian marriage in the case of Martinez v. County of Monroe.
At this time, Governor Patterson by Executive Order has stated that New York will recognize valid, out of state marriages, such as those performed in California or Massachusetts. See our prior post here. Ultimately, New York’s recognition of out of state marriages may be tested by the Court of Appeals.
As I indicated in prior posts, if you wish to enter a same-sex marriage in either another state or nation, be sure that you have fulfilled that jurisdiction’s residency requirements so that the marriage will not be attacked in a subsequent case in New York for either divorce, custody, insurance benefits, or inheritance. In sum, an out of state same-sex marriage may be attacked as invalid if you did not fulfill the other state’s residency requirements.
If you have any questions, please feel free to call us 800-244-9313.
Mark E. Seitelman, 10/14/03, www.seitelman.com.