New York’s Highest Court Denies Review of Ruling Recognizing Lesbian Couple’s Canadian Marriage

“Today’s decision represents another step in the ongoing fight for human rights,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “Each time a gay or lesbian couple’s marriage is recognized, it is a victory for familes and for fairness in New York State.”

The case, Martinez v. County of Monroe, was brought by the NYCLU and cooperating attorney Jeffrey Wicks on behalf of Patricia Martinez. Martinez, an employee of Monroe Community College in Rochester, sought health care benefits for her wife whom she married in Canada in 2004. The case was filed in 2005 in State Supreme Court.

In February of this year, an appellate court unanimously affirmed the couple’s marriage – the first appellate court decision in the state and the first known decision in the country to hold that a valid same-sex marriage must be recognized. Monroe County then requested that the state’s highest court review and overrule the Fourth Department’s decision.

With the highest court letting the earlier ruling stand, the appellate court’s decision continues to remain the statewide law in New York with respect to recognition of gay and lesbian couples’ valid out-of-state marriages.

The case raised the issue of whether the longstanding “marriage recognition rule,” which requires New York State to recognize marriages that were solemnized outside the state, applies to gay and lesbian couples’ valid marriages. The court held that it does and that Martinez and Golden’s valid Canadian marriage at issue in the case is entitled to recognition.

“If a marriage is valid in the state or country in which the marriage took place, New York law generally requires the recognition of that marriage,” said Arthur Eisenberg, the NYCLU’s legal director. “This case involved a straightforward application of that principle.”

The decision is consistent with the practices of various state and local entities. The Department of Civil Service, State Comptroller and numerous counties, towns and cities have been recognizing gay and lesbian marriages for years.

Martinez has been a word processing supervisor for Monroe Community College in Rochester since 1994. Her wife, Lisa Golden, was employed as an inventory control specialist and had her own benefits until she lost her benefits in the spring of 2004. The women have been in a long term, committed relationship since 2000. They own a home together, share financial responsibility for their expenses and each other’s needs and have drawn up mutual wills.

“Gay and lesbian couples make the same long term commitments to each other as heterosexual couples,” said Gary Pudup, director of the NYCLU’s Genessee Valley Chapter. “This case highlights the fact that same sex couples are entitled to the same protection under state law.”