By Tom Stiles

The New York State Court of Appeals, the state’s highest court, sent a case involving whether or not public and private employers must provide benefits to same-sex couples married in other jurisdictions back to a lower court.

The case involves Patricia Martinez, an employee of Monroe Community College, who sued Monroe County after it refused to grant benefits to her female partner whom she married in Canada in 2004.

Rev. Jason McGuire, a lobbyist with the pro-family organization New Yorkers for Constitutional Freedoms (NYCF) said, “Some news sources are incorrectly reporting that this decision settles the matter. It does not. The Court refused to hear the case until the issue of damages is settled by the lower court.”  NYCF filed amicus curiae (friend of the court) on behalf of Monroe County.

The State Supreme Court (New York’s lowest level court) ruled initially that they were not entitled to benefits, since New York does not recognize same-sex marriages.  This decision was overturned by the mid-level Appellate Division, which said although New York does not permit same-sex marriages; it must recognize marriages of same-sex couples legally married in other jurisdictions, such as Canada.  Monroe County petitioned the Court of Appeals to hear the case, but the court has refused to do so pending the lower court’s decision as to awarded damages.

McGuire believes, “We shouldn’t think of this as a dead-end, but only a detour for defending traditional marriage.” The lower court must set damages before the case can be appealed.  Once this is done, Monroe County can again petition the Court of Appeals to review the case. 

Brian Raum with the Alliance Defense Fund says all is not lost. “There’s hope because they (the Court of Appeals) haven’t ruled on the Martinez case substantively, and we have three other cases pending, which could very well go contrary to Martinez.”

Stephen Hayford, with the Coalition to Save Marriage in New York, noted that the Court of Appeals upheld New York's opposite-sex definition of marriage two years ago in Hernandez v. Robles.  Hayford said that the Martinez court sidestepped the Hernandez decision and "effectively substituted Canadian law for New York law." 

“It’s an issue of our state’s sovereignty,” Hayford added. “Canada has passed a same-sex marriage law.  New York State has not.  One activist court should not be able to import same-sex marriage into New York from another jurisdiction."  Hayford is disappointed that the Court of Appeals did not hear the County of Monroe's appeal in the Martinez case, but hopes that the County will make another attempt to appeal after the issue of damages has been decided.

This is a crucial case with great implications for New York. For now, the Appellate Court decision stands, and public and private employers must provide employee benefits to same-sex couples legally married in other jurisdictions. Christians across the state should pray that Monroe County Executive, Maggie Brooks, will remain firm in her resolve to appeal the case.