On Friday, February 1, 2008, the New York State Supreme Court, Appellate Division (New York State’s middle level court), Fourth Department issued a decision in Martinez v. County of Monroe. In that decision, the court held that a New York employer must recognize an employee’s same-sex marriage license obtained in Canada, for purposes of spousal benefits. Stephen Hayford, a spokesperson for the Coalition to Save Marriage in New York, calls the decision “a victory for special interest groups and a loss for the people of the State of New York.” 

“The Appellate Division, Fourth Department’s decision is disappointing and disturbing on many levels,” says Hayford.  “First, this ruling undercuts not only our Court of Appeals, but also our state legislature, by requiring employers to recognize same-sex marriages from other countries.”  

In 2006, the Court of Appeals (New York State’s highest level Court) issued a decision entitled Hernandez v. Robles, affirming that current New York State law does not permit same-sex marriage, and that the state’s opposite-sex marriage laws are constitutional.  Hayford stated, “It is absurd to suggest – as the Fourth Department implicitly has – that our state legislature, in defining marriage as the union of one man and one woman, intended to allow same-sex marriages solemnized in other countries to be recognized here.”

The recent Appellate Court decision held that a lesbian couple’s 2004 Canadian marriage must be respected under the state’s longstanding “marriage-recognition rule”, and that an employer’s denial of health benefits had discriminated against the couple on the basis of their sexual orientation. 

The Appellate Court’s unanimous decision overturned a lower court’s 2006 decision that refused to recognize same-sex marriages from other localities.  The Court stated, “The Legislature may decide to prohibit the recognition of same-sex marriages solemnized abroad.  Until it does so, however, such marriages are entitled to recognition in New York.”

The ruling is the first in the nation to hold that a valid same-sex marriage, legal in one state or country, must be recognized by another state.  The Martinez decision is binding on all trial courts in New York, unless and until it is appealed and reversed by the Court of Appeals, or until one of the other cases on related topics results in a contrary decision from one of the other Appellate Divisions.  Brian Raum, Senior Legal Counsel with the Alliance Defense Fund, says that their organization “has a couple of cases in this category, one of which is expected to be argued in a few weeks.” 

Rev. Duane Motley of New Yorkers for Constitutional Freedoms (NYCF) calls the Appellate Division’s decision “terrible.”  He argues that the Court of Appeals has already ruled in the matter of same-sex marriage.  In July 2006, in the Hernandez v. Robles decision, the court concluded that same-sex marriages are not legal in the State of New York.  The present law on marriage requires one man and one woman.  The Appeals Court did leave room for the Legislature to change the law, but noted that the State’s judicial system did not have the authority to do so. 

Hayford added, “As a matter of public policy, this decision is appalling.  In effect, it allows other countries – and other states – to redefine marriage for the State of New York.  The fact that other nations or states have legalized same-sex marriage does not empower them to export same-sex marriage to New York and to compel New York employers to recognize it.  This decision compromises the sovereignty of our state and violates the public policy of our state.”  

In a recent Rochester Democrat & Chronicle report, Patricia Martinez (the plaintiff in the Appellate Court case) stated her belief that marriage is “more than a piece of paper.”  She says, “You don’t get married without the intent of it being recognized.”  This seems to be something that all sides of the same-sex marriage debate can agree on. 

Recently, representatives from NYCF, the Coalition to Save Marriage in New York, and the Alliance Defense Fund met with spokesmen and legal counsel from Monroe County Executive Maggie Brooks’ office.  On Friday, February 22nd, 2008, the County Executive indicated that she will seek an appeal of the Martinez decision.  The Alliance Defense Fund’s lawyer, Brian Raum, is optimistic that the decision would be reversed by the Court of Appeals. 

With the recent Appellate Court decision and other similar cases working their way through the courts, it looks as if the debate over same-sex marriage in New York State is far from over.