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New York Supreme Court Upholds Recognition of Out-of-State Homosexual Marriage

By Gudrun Schultz

NEW YORK, March 14, 2007 (LifeSiteNews.com) - The New York Supreme Court ruled yesterday to uphold a county official’s recognition of same-sex marriages performed out of state.

Westchester County Executive Andrew Spano announced in June of last year that same-sex couples would be granted legal privileges previously reserved for heterosexual marriage partners.

Supreme Court Justice Joan Lefkowitz said Spano’s executive order to recognize homosexual marriages did not violate the state Constitution and did not conflict with the state’s high court ruling last year that banned gay marriages from taking place in the state.

“It is clear that there has been change in this state concerning the rights of same-sex persons,” Justice Lefkowitz said, referring to recent court rulings granting homosexual couples adoption and inheritance rights, The Journal News reported March 13.

“Accordingly, the court concludes that [the challenge to Spano’s order] is without merit as no illegality has been shown.”

Justice Lefkowitz said the recent ruling by the state high court prohibiting homosexual marriages in the state did not address the issue of recognizing same-sex marriages performed out of state.

Spano defended his order by saying, “I don’t see why people, just because they’re the same sex, shouldn’t have the same benefits,” in an interview with the Associated Press.

The Alliance Defense Fund, dedicated to providing legal counsel and support to national efforts opposing same-sex “marriage” legislation, has anticipated that the Supreme Court decision will not withstand future appeals.

Brian Raum, senior counsel for the ADF, said common law recognition of marriages performed outside the state could be legally applied only to unions that fit the traditional definition of marriage.

Three Westchester county residents, Margaret Godfrey, Rosemarie Jarosz and Joseph Rossini, filed suit against Spano’s order 10 weeks after it was issued.

New York’s court of appeals upheld traditional marriage in a 4-2 ruling July 2006, banning homosexual marriages under the state constitution. The court based its decision on concern for the welfare of children, stating as well, “The idea that same-sex marriage is even possible is a relatively new one.”

“Until a few decades ago, it was an accepted truth for almost everyone who ever lived, in any society in which marriage existed, that there could be marriages only between participants of different sex. A court should not lightly conclude that everyone who held this belief was irrational, ignorant or bigoted. We do not so conclude.”

See related LifeSiteNews coverage:

New York's Highest Court Rules 4-2 In Favor Of Traditional Marriage
http://www.lifesitenews.com/ldn/2006/jul/06070601.html

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