New York to recognize out-of-state same-sex marriages

Thanks to Ruthann Robson Professor of Law and University Distinguished Professor at CUNY for this news alert, published on the Family Law Prof Blog.

A New York court has upheld an Executive Order signed by New York Governor David Paterson that requires government agencies to recognize same-sex marriages performed outside the state.

You may read the opinion in Golden v. Paterson is available as a pdf file here.

A related New York Times story "Court Backs Paterson Regarding Gay Union" here.
(Last accessed September 4, 2008).

Comments

[Jeanne M Hannah]

Mr. Ryan: Thank you for your comment, making this post even more relevant to Michiganders. Jeanne M Hannah

[James P. Ryan]

Ms. Hannah: The decision is interesting, but will not impact Michigan. In fact, the opinion points out the very different legal framework such issues will face here. In her opinion, Justice Billings found that Mr. Paterson’s order was consistent with state laws that generally require officials to recognize marriages from other jurisdictions and are silent on whether gay marriages should be excluded from that recognition. Michigan's general law also provides for recognition of valid marriages contracted and solemnized in other states. Hutchins v Kimmell, 31 Mich 126, 131 (1875). But if, at the time of the ceremony the parties were the same sex, many Michigan laws prohibit recognition of those marriages. MCL 551.1, 551.3, 551.4, 551.271(2) and 551.272.