Kramer Levin Helps Lambda Legal Secure New York Court of Appeals Victory for Marriage Rights of Same-Sex Couples

The New York State Court of Appeals has unanimously affirmed two Appellate Division decisions according respect and recognition to valid out of state marriages of same-sex couples for the purpose of awarding state benefits. Kramer Levin served as co-counsel to Lambda Legal Defense and Education Fund on behalf of married same-sex couples who intervened in each action to help defend state policies that affected them.

In Lewis v. New York State Department of Civil Service, the Court of Appeals upheld a state policy requiring that public employers participating in the New York State Health Insurance Program extend spousal healthcare benefits to state employees who validly marry their same-sex partners in jurisdictions where such marriages are permitted. In Godfrey v. Spano, the Court of Appeals upheld a declaration by the Westchester County Executive that valid out of state marriages of same-sex couples should be recognized for all County governmental purposes. Both public acts had been challenged by the Alliance Defense Fund, an Arizona-based conservative religious advocacy organization.

The Court of Appeals' majority opinion covering both cases, authored by Judge Pigott and joined by judges Read, Graffeo, and Smith, affirmed the Department of Civil Service's action as being within the agency's authority to define the term "spouse" for purposes of health benefits and to shape a government program meant to be inclusive and extend benefits to state employees. The same majority rejected the ADF challenge to the Westchester proclamation for failure to allege any illegal expenditure of state funds. Judge Ciparick wrote a concurring opinion, joined by Chief Judge Lippman and Judge Jones, joining the majority in unanimously affirming but urging a broader ruling mandating respect and recognition for valid out-of-state marriages of same-sex couples for all purposes under New York law. Two departments of the Appellate Division have already so held, as well as a trial court in the First Department, and those decisions remain binding law.

Kramer Levin has been Lambda Legal's co-counsel in five different cases litigated over the last six years seeking recognition for valid out-of-state marriages of same-sex couples, and also served as co-counsel in Hernandez v. Robles, the case seeking the constitutional right to marry for same-sex couples under the New York Constitution. A law permitting same-sex couples to marry within the State is currently before the State Senate, having been passed by the Assembly twice in three years, and Governor Patterson has indicated that he will sign it if passed by the Senate.

The Kramer Levin team in the Court of Appeals was led by partner Jeffrey S. Trachtman and included associates Michael Eisenkraft, Joshua Glick, and Jason Moff. Partner Norman C. Simon has played a crucial role in this work and argued our first marriage recognition case, Funderburke v. New York State Department of Civil Service, in Nassau County Supreme Court. Other contributions to this work have been made by associates Jennifer Haber, Jessica J. Glass, Adina C. Levine, Jason M. Litowitz, Melissa J. Prober; Sarah Schindler-Williams, Lee C. Strock, and Matthew C. Temkin; and former associates Darren Cohen, Aaron Fleisher, and Josh Kelner.