Governor David Paterson set off a firestorm when it was revealed that on May 14, 2008, he directed all state agencies to recognize same-sex marriages.

The move came after two, Manhattan-based, Democratic state lawmakers, Senator Thomas Duane and Assemblyman Micah Kellner, wrote to the Governor’s legal Counsel, David Nocenti, advising that the state should recognize same-sex marriages performed in other jurisdictions or they would introduce legislation requiring the state to do so.

Pro-family leaders believe that Governor Paterson is circumventing the legislative process.  Rev. Jason McGuire, New Yorkers for Constitutional Freedoms’ Legislative Director said this about the recent correspondence, “If these men want to see same-sex marriages in New YorkState, they should introduce legislation.  So far the New York State Legislature has refused to recognize gay ‘marriage’, and these Manhattan  lawmakers know that they simply don’t have the votes to win the legislative battle.”

In a 2006 decision, known as Hernandez v. Robles, New York State’s highest court, the Court of Appeals, noted that the State Constitution does not compel the recognition of same-sex marriages.  The Court added that the legislature could change the law, if it chose to do so, but to date it has not.

Rev. Duane Motley, New Yorkers for Constitutional Freedoms’ Executive Director, called the Governor’s action, “A slap in the face to every voter in the State of New York.”  Motley argues that, “The people elected legislators, not the Governor, to make the laws of our land.”

The Governor based his decree on a February 2008, New York State Appellate Division decision known as Martinez v. County of Monroe.  The case involved Patricia Martinez, an employee of Monroe Community College, who sued Monroe County after it refused to grant benefits to her female partner that she married in a 2004 Canadian wedding.  The lower court ruled in favor of Monroe County, but the Appellate Court ruled in favor of Martinez.

Proponents of traditional marriage believe that the Appellate’s Martinez decision is contrary to the Court of Appeals’ Hernandez decision and should be overturned.  The Court of Appeals recently postponed reviewing the Martinez case on a technicality.

Pro-Family Leaders Push Back

Rev. McGuire stated, “This directive is an attack on marriage and the family.  By taking this action, Governor Paterson has usurped the function of the New York State Legislature and has forced his radical social views upon the citizens of New York State.”

Governor Paterson’s decree would thrust new financial burdens on New York taxpayers, who would be required to foot the bill for the additional benefits involved and for the significant regulatory revisions ordered by the Governor.

On Tuesday, June 3, 2008, a diverse group of New York taxpayers, represented by the Alliance Defense Fund (ADF), filed for an injunction to block Governor Paterson’s same-sex marriage directive.  Plaintiffs in the lawsuit include Senator Martin Golden (R-C), Senator Serphin Maltese (R-C), Assembly Minority Leader James Tedisco (R-C), Assemblyman Brian Kolb (R-C), and Assemblyman Daniel Burling (R-C).  Pro-family leaders joining in the litigation include Rev. Duane R. Motley and Rev. Jason J. McGuire of New Yorkers for Constitutional Freedoms (NYCF), Mr. Michael R. Long and Ms. Shaun Marie Levine of the Conservative Party of New York State, and Stephen P. Hayford, Esq. of the Coalition to Save Marriage in New York State.  Others may join the action as plaintiffs at a later time.

The lawsuit, filed by ADF attorneys on behalf of New York lawmakers and taxpayers, asserts that the Governor acted beyond his authority in issuing the directive and that implementation of it will cause a wrongful expenditure of taxpayer funds in a state where same-sex marriage is not legal.

ADF Senior Legal Counsel Brian Raum believes, “The Governor should respect New York’s marriage laws over the laws of foreign jurisdictions.  The Governor has no authority to issue directives which conflict with New York’s public policy.  His actions are an assault on the democratic process.”

Rev. Duane R. Motley gave the following statement in support of the lawsuit:  “We must show Governor Paterson that he is subject to the Laws and Constitution of New York State.  He is not at liberty to make an ‘end run’ around the Legislature by issuing a directive like this one.  New Yorkers for Constitutional Freedoms strongly urges Governor Paterson to reverse this ill-advised directive.  Marriage is a sacred institution; it is, and always will be, the union of a man and a woman.  New Yorkers for Constitutional Freedoms will do everything in its power to protect marriage from being redefined according to the preferences of a small, vocal, special interest group.”