The New York Court of Appeals ruled today that government benefits may be provided to same-sex couples who are legally married elsewhere and residing in New York. The 4-3 decision, by the state’s highest court, held that public officials have the authority to grant public employee health insurance coverage and certain other benefits to legally married same-sex couples. The additional three justices concurred with the majority on the core issue of providing benefits but wanted to extend rights further than the majority.
New York has provided eligibility for public employee benefits but left the decision to grant those benefits up to local governments. The lawsuit challenged decisions in 2006 by both the New York State Department of Civil Service and Westchester County to extend health insurance and other benefits to legally married same-sex spouses of state and local government workers.
The Court rejected arguments advanced by lawyers with the Alliance Defense Fund that same-sex marriage should be treated like incest and polygamy under a policy that allows the state to refuse to recognize out-of-state marriages considered “abhorrent” in New York. However, the narrow majority decision does not address the question of whether or not New York must recognize same-sex marriages performed outside of the state, and does not tackle the bigger issue of whether same-sex marriage is legal under the New York Constitution. Instead, the majority expressed “hope that the Legislature will address this controversy.”
This ruling should help our efforts to pass Marriage Equality in the New York State Senate, which is expected to take the bill up next week or soon thereafter.
The Human Rights Campaign's perspective on the news, issues and events affecting the every day lives of lesbian, gay, bisexual and transgender people across the country.
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