Judge Thomas McNamara ruled yesterday that same-sex marriages performed out of state should be recognized by the state of New York, the New York Sun reports:
“The decision today by Judge Thomas McNamara held that state employees who entered into same-sex marriages out of state should be treated as married for the purposes of collecting benefits under the New York State Retirement System. The decision upholds a 2004 policy of the comptroller's office. That policy was challenged by a Scottsdale, Az.-based organization that opposes same-sex marriage, the Alliance Defense Fund, following the 2006 ruling on same-sex marriage in New York State.”
McNamara's decision does not cover civil unions explicitly, according to the paper, which also notes: “The New York Legislature has not authorized same-sex marriage. And a landmark 2006 decision by the New York Court of Appeals held that the state Constitution does not provide same-sex couples with the right to marriage. But that decision did not say whether New York State should recognize same-sex marriages performed elsewhere.”
A Court Victory for Gay Marriage [ny sun]
