New York’s highest court has upheld the state’s recognition of same-sex
marriages performed in other states.
The New York Court of Appeals ruled unanimously Thursday, November 20, in two
cases, Margaret Godfrey v. Andrew J. Spano and Kenneth J. Lewis v. New York
State Department of Civil Service, in upholding decisions by the appellate
division of the state Supreme Court.
Godfrey challenged a 2006 executive order issued by Spano, Westchester
County’s executive, to recognize same-sex marriages performed in other
jurisdictions. Lewis challenged the New York State Civil Service Commission’s
and its commissioner’s recognition of out-of-state same-sex marriages.
In both cases, the New York Court of Appeals ruled against the plaintiffs’
contentions that same-sex marriages should not be recognized because they cost
the taxpayers money.
Referring to Godfrey, the court decision noted that Westchester County
“already insured same-sex domestic partners and dependents of county employees
before the executive order was issued.” The plaintiff’s claim “failed to allege
an unlawful expenditure of taxpayer funds,” it said.
In Lewis, the court also concluded that the Civil Service Commission
president has “broad discretion to define who will qualify for coverage” based
on legislative history.
The opinion also urged the New York Legislature to “address this
controversy.”
Filed by Judy Greenwald of
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