Tuesday, January 12, 2010

Gay marriages from other States Recognized by NY Appeals Court

Until another appeals court determines otherwise, New York must recognize same-sex marriages performed in other states. Thus, the New York State Supreme Court, Appellate Division, Fourth Department last Friday, 1 has February 2008.

The decision in Martinez v. Monroe County was created from the search for marriage Martinez healthcare benefits from Monroe Community College for Lisa Golden, whom she married in Ontario, Canada to obtain. There was no question that the marriagelegal if carried out. And then they came back to New York.

In the absence of a New York law prohibits same-sex marriage, the court found no reason to recognize the marriage. He has decided that the marriage ", the recognition in New York State is entitled." Is this a silent invitation to the New York State legislature to decide a law to pass on this issue one way or another? Maybe.

After the process has started, but before the decision of the Court states that the university healthInsurance to cover same-sex spouses. This led to an interesting wrinkle in this case, because if Lisa Golden was always the insurance anyway, what was yet to be sued, to the end? In legal terms we ask if there is more a "justiciable controversy." The court said that, as the college would be for damages for the period that there will be health insurance for the spouse of the plaintiff rejected. We do not know whether these effects are large or small. Theycould the cost of Lisa Golden going to the doctor, or from their own pockets at the expense of their own health insurance or purchase whatever.

Thus, it seems that the court had a possible way out of here, he wanted to duck the controversy entirely. It may have decided that since the university now offers health benefits, there was no justiciable controversy, so the action was "questionable." Instead, the Court has waded in and addressed the gay marriage issue head-on, which is a cheap andenlightened reading of the facts before. No cowards on this Appellate Division, Fourth Department panel.

Comment: Gay advocates hail the decision as only a first step towards what it would be a really fair: Gay marriages allowed in the State of New York. Me and my lawyer friends look forward to the day when gay marriage is legal in New York, where it is gay marriage, gay divorce there.

Until another appeals court otherwise determines, New York mustrecognize same-sex marriages performed in other states. Thus, the New York State Supreme Court, Appellate Division, Fourth Department last Friday, 1 has February 2008.

The decision in Martinez v. Monroe County was created from the search for marriage Martinez healthcare benefits from Monroe Community College for Lisa Golden, whom she married in Ontario, Canada to obtain. There was no question that the marriage legal where performed. And then they came back to New York.

InAbsence of a New York law prohibits same-sex marriage, the court found no reason to recognize the marriage. He has decided that the marriage ", the recognition in New York State is entitled." Is this a silent invitation to the New York State legislature to decide a law to pass on this issue one way or another? Maybe.

After the process has started, but before the decision of the Court states that the university health insurance cover for same-sex spouses. This resulted in an interestingCreases in this case, because if Lisa Golden was always the insurance anyway, what was yet to be sued, too late? In legal terms we ask if there is more a "justiciable controversy." The court said that, as the college would be for damages for the period that there will be health insurance for the spouse of the plaintiff rejected. We do not know whether these effects are large or small. They could, the cost of Lisa Golden going to the doctor, or theyOut-of-pocket costs to purchase their own health insurance or whatever.

Thus, it seems that the court had a possible way out of here, he wanted to duck the controversy entirely. It may have decided that since the university now offers health benefits, there was no justiciable controversy, so the action was "questionable." Instead, the Court has waded in and addressed the gay marriage issue head-on, which is a favorable and enlightened reading of the facts before. No cowards on this AppellateDivision, Fourth Department panel.

Comment: Gay advocates hail the decision as only a first step towards what it would be a really fair: Gay marriages allowed in the State of New York. Me and my lawyer friends look forward to the day when gay marriage is legal in New York, where it is gay marriage, gay divorce there.

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