By Kathleen Gilbert

NEW YORK, December 16, 2008 ( – Homosexual couples in much of New York who have been “married” out of state can now list both their names on children’s birth certificates. 

While New York law does not allow same-sex unions to be called marriages, the new birth certificates follow Gov. David Paterson’s initiative to revamp New York law to extend more privileges to homosexuals.  In May, Paterson issued a directive to state agencies ordering them to respect out-of-state homosexual “marriages.”

The state Health Department agreed to the change Friday in compliance with the lawsuit of a Canada-“wed” lesbian couple who are expecting a child.  The certificates will be issued statewide, except in New York City.  The Health Department said in a statement that it had been exploring a birth certificate revision for some time but arranged a quick resolution because the suing couple’s baby was due Friday.

The Alliance Defense Fund (ADF), a conservative legal organization based in Arizona, is challenging various attempts to extend spousal rights to homosexual couples in New York. A Bronx judge threw out the group’s challenge to Paterson’s directive in September, but the ADF is appealing.

The ADF argues that Gov. Paterson does not have the authority to recognize out-of-state homosexual “marriages” without approval from the state legislature.

See related coverage:

New York Governor Memo Says State Agencies Must Recognize Gay “Marriage” Performed Outside the State

Homosexual “Marriage” Trickling Down to New York as Judge Recognizes Same-Sex Divorce


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