NYCLU: Alliance Defense Fund’s Challenge to Gov’s Marriage Memo Bound for Failure

The New York Civil Liberties Union today denounced the Arizona-based Alliance Defense Fund for suing New York Gov. David Paterson for upholding his oath of office by following the law and directing state agencies to do the same.

Last month Paterson directed all state agencies to follow the law by revising their policies and regulations if they have not already done so to recognize marriages of same-sex couples performed in other jurisdictions, including Massachusetts, California and Canada. In fact, many state agencies and municipalities have had such policies for years.

The governor’s memo relied upon a February NYCLU victory in the case Martinez v. County of Monroe in which an appeals court unanimously agreed that the time-honored “marriage recognition law” applies to the valid out-of-state marriages of lesbian and gay couples. This long established legal principle requires that New York State recognize marriages solemnized outside the state.

“Governor Paterson is simply doing what any civil servant should do – adhering to the rule of law,” said Donna Lieberman, NYCLU executive director. “What he did is important and a step forward, but it doesn’t change the law or create new law. He is simply directing the state to comply with existing law and protecting New York from any potential liability for failing to do so.”

The Alliance Defense Fund has failed all three times it has attempted similar legal action in New York. The out-of-state group lost last year when it challenged Westchester County for granting spousal benefits to public employees in out-of-state same-sex marriages (Godfrey v. Spano); it lost last year when it challenged the state comptroller’s office for offering retirement benefits to lesbian and gay couples married out of state (Godfrey v. DiNapoli); and it lost this year when it challenged the Department of Civil Service for recognizing valid out of state marriages for lesbian and gay couples for spousal health care and insurance (Lewis v. Department of Civil Service).

“The law in this case clearly is well-established,” Lieberman said. “The Alliance Defense Fund is bound to be unsuccessful again. Instead of being bothered by another unsuccessful lawsuit, our state government should be focused on protecting New York’s families and pass legislation that will allow all New Yorkers to marry.”