Court Ruling Recognized Out of State Same-Sex Couples

PUBLISHED FEBRUARY 6, 2008

Patricia Martinez and countless others won a significant battle last Friday when a New York state appellate court ruled that same-sex marriages performed out-of-state must be recognized in the state of New York.

The decision, the first of its kind in the country, has been heralded by civil liberties and gay-rights groups all over the United States. Martinez was represented by the New York Civil Liberties Union and fought her employer, Monroe County Community College by successfully arguing that the college provide the same spousal benefits for same-sex couples as for heterosexual married pairs.

While some employers, including Columbia University, had already offered benefits to same-sex partners regardless of a marriage license or New York state law, the ruling—Martinez v. County of Monroe—will dramatically change statewide employee policies.

Jennifer Carnig of the NYCLU called the ruling “a landmark decision” that “sets precedent for the entire state of New York.”

Local gay rights groups have taken an avid interest in the court’s decision, but many are cautious in their praise. “Although on the one hand this decision legalizes a particular kind of marriage,” Columbia University Queer Alliance vice president Aries Dela Cruz, GS ’08, said, “it’s still possible for the state legislature to legalize and codify discrimination in the future because all too often conservatives interpret our need for equal protection as ‘special protection.’”

Jeremy Constancio, president of Columbia’s Students Allied for Marriage Equality, CC ’10, said that he is “cautiously optimistic” about the ruling. “While this ruling is historic and is a huge step toward full marriage equality in New York state, it is not perfect.”

Although the ripple effects of the ruling are yet to be known, many wonder what kind of precedent it might set. “New York could be very close to starting a domino effect of allowing same-sex marriages across the country,” Constancio said.

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