Dustin Kight

BREAKING NEWS: NY to Recognize Out-of-State Marriages

Filed By Dustin Kight | May 29, 2008 12:30 PM | comments

Filed in: Marriage Equality, Politics, Politics
Tags: California State Supreme Court, David Paterson, marriage equality, New York State Appeals Court, same-sex marriage

NY Governor David Paterson has ordered state agencies to begin recognizing same-sex marriages legally officiated in other states and countries. Gov. Paterson issued his memo to state agencies one day before the California State Supreme Court overturned the ban on same-sex marriage in California.

Gov. Paterson's order complies with a February New York State Appeals Court ruling which said that out-of-state same-sex marriages are entitled to equal recognition in the State of New York in accordance with New York law. The Governor's memo is part of the execution of that ruling.

This is a great day for relationship recognition, as the California ruling allows same-sex couples from other states to marry in California and now couples from New York who wish to marry in California will have their unions recognized back home!

To find about more about the Governor's order, check out these articles on CNN.com and The New York Times.

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What does this mean for NY couples who want to marry in Mass.? How is that law that prevents out-of-state couples whose home states don't allow them to marry worded?

And boo to Elliott Spitzer, who said he was trying to get this done but couldn't.

Alex, my understanding is that the MA law (from 1913, no less) bars couples from marrying in the state when their home state has a substantive ban on same-sex marriage -- so, statute or appellate court ruling.

According to our Public Policy Director, the only states now that qualify for MA marriage are Rhode Island and New Mexico. In other words, even if NY couples wanted to get married in MA they probably still couldn't because NY doesn't allow NY couples to marry in their home state, but if MA couples got married in MA and then moved to NY (or, for that matter, if a NM couple got married in MA and then moved to NY) their marriage would be recognized. It's all a bit of a cluster...

That's my understanding for now. Don't hold me to it ;)

How do you do a cautious happydance?

Looks like I'll be heading to New York for my honeymoon after my upcoming nuptials!

Gov. Paterson's order is welcome news. But can the legislature overturn the order? Will they try?