Politics
Thursday February 28, 2008
New York Judge Permits Lesbian Divorce Despite State's Non-Recognition of Same-sex "Marriage"
TODAY'S HEADLINES
E-MAIL
PRINT
By Michael Baggot
NEW YORK, February 28, 2008 (LifeSiteNews.com) - A New York judge has ruled that a lesbian known as Beth R. can pursue a divorce from Donna M., the woman that she "married" in Canada. It is the first time in New York judicial history that a judge has allowed homosexuals to seek a divorce.
While Donna M. contends that a divorce case is impossible in a state that does not allow for same-sex "marriages," Supreme Court Justice Laura Drager ruled the state can still recognize the marriage that took place outside of New York.
Donna M.'s lawyer argues that Justice Drager's decision "sets aside 200 years of decisional and statutory law in New York." He accused Drager of trying to change state law through the court.
In 2006, on behalf of the New York Court of Appeals, Justice Smite wrote, "We hold that the New York Constitution does not compel recognition of marriages between members of the same sex. Whether such marriages should be recognized is a question to be addressed by the legislature." Unlike at least 41 other states, however, New York legislation does not explicitly define marriage as a union between a man and woman, thus allowing judges like Drager to recognize homosexual marriages contracted elsewhere.
Drager's decision contrasts with a December Rhode Island decision in which the state's Supreme Court refused to acknowledge any out-of-state homosexual "marriage." Contrary to that decision, Drager ruled that New York would recognize any out-of-state marriage that is not prohibited by the state or is not "abhorrent to New York public policy." Only incest and polygamy were cited as "abhorrent" practices.
Drager's ruling is the second major legal victory in New York this month for advocates of homosexual "marriage." On February 1st, the Appellate Division of State Supreme Court of New York ruled that homosexual "marriages" legally recognized in other countries must also be recognized for the purpose of state employee benefits. After the February 1st ruling, Monroe Community College in Rochester was forced to extend health benefits to the college employee Patricia Martinez, who was "married" to her homosexual partner in Canada.
The left-wing advocacy group New York Civil Liberties Union admitted to bringing the Martinez case forward in order to move towards the legalization of homosexual "marriages" within the state. James Esseks, Litigation Director of the Lesbian Gay Bisexual and Transgender Project of the NYCLU, said after the February case that "it's now up to the state legislature to finish the job it started last year and pass the marriage bill so that lesbian and gay New Yorkers won't have to leave the state to celebrate their commitments."
Drager's ruling is a part of a continuing trend within New York to recognize the validity of homosexual "marriages." As judicial recognition of homosexual marriages expands, it is likely that previous state prohibitions of same-sex marriages will disappear.
Donna M. has said that she plans to appeal the Drager decision.
See related LifeSiteNews.com coverage:
New York Court Rules State Must Validate Canadian Homosexual "Marriages"
http://www.lifesitenews.com/ldn/2008/feb/08020406.html
New York Assembly Considers Legalizing Gay “Marriage”
http://www.lifesitenews.com/ldn/2007/may/07052402.html
NY Governor Spitzer Pushes Abortion and Gay Marriage
http://www.lifesitenews.com/ldn/2007/may/07050102.html
Back to TopLatest Headlines
- Cardinal Rigali: You Can't Claim to be "Reducing Abortions" but Publicly Funding them in D.C.
- General Electric to Use Embryonic Stem Cells for Testing, Phase out Lab Rats
- Ohio Supreme Court Allows Planned Parenthood to Conceal Abortion Records in Sexual Abuse Case
- LifeSiteNews Canada Day and Independence Day Message. Taking a few days off. LSN returns Monday July 6
- Heroically Pro-Life Brazilian Archbishop's Resignation Accepted Under Cloud of Vatican Newspaper Misrepresentation
- Pro-Life Groups Announce New Colorado Personhood Initiative
- Judge Puts Kibosh on DC Gay "Marriage" Referendum
- Al Franken Win Hands Supermajority to Senate Democrats
- Group Funded by Canadian Bishops' D&P Joins with Others to Denounce the "Natural Family" and "Family Rights"
- Financially Troubled Planned Parenthood of El Paso Closes Doors
- Abortion Linked to Subsequent Pre-Term Births, New Research Again Confirms
- New Orleans Homosexual Couple Ask Fed. Court to Overturn Marriage Amendment
- Slim Hope Of New Ontario Progressive Conservative Party Leader Promoting Pro-Life, Pro-Family Issues
- Pope Accepts Resignation of Bishop Caught Involved in Homosexual Encounters
- Young Children Removed from UK Schools for "Inappropriate Sexual Behaviour"
- Northern Ireland Politician Cleared of Wrongdoing after Reiterating Christian Teaching on Homosexual Acts
- UK Conservative Leader Speaks at Gay Pride Fundraiser
- More Letters to the Editor on Canadian Catholic Development and Peace Scandal (July 1)
- Letters to the Editor - Readers Respond to Development and Peace Scandal
- Watch This Dramatic New Video on Catholic Bishops Conference Funding of Pro-Abortion Groups
Most Read this Week
- Pro-Lifer Attacked with SUV, Alleged Attacker Charged
- Huckabee Hashes Out Abortion Arguments with Comedian Jon Stewart
- Homosexual Duke U. Director Charged with Offering Adopted 5-Year-Old for Sex
- Amnesty International Caught in "One Big Lie"
- Editorial: Archbishop Weisgerber is Wrong - Vatican Stopped its Donation to UNICEF in 1996
- Famed Fr. Corapi Calls Canadian Bishops' Dissent from Humanae Vitae "Catastrophic"
- Pope: It is a Childish Faith to Oppose the Church Teaching on Life and Family
- LifeSiteNews Detailed Response to Canadian Bishops' Whitewash Report on Development and Peace
- Is Pro-Choice the New Pro-Life?
- Government of Trinidad and Tobago: No Homosexual "Weddings," No Abortion
MORE NEWS: 
LifeSiteNews.com Home Page Last 10 Days Archives Special Reports
Copyright © LifeSiteNews.com. This work is licensed under a Creative Commons Attribution-No Derivatives License. You may republish this article or portions of it without request provided the content is not altered and it is clearly attributed to "LifeSiteNews.com". Any website publishing of complete or large portions of original LifeSiteNews articles MUST additionally include a live link to www.LifeSiteNews.com. The link is not required for excerpts. Republishing of articles on LifeSiteNews.com from other sources as noted is subject to the conditions of those sources.