Kramer Levin Helps Lambda Legal Win Another Decision Respecting Marriages of Same-Sex Couples

A New York trial court has upheld the New York State Comptroller's decision to recognize for purposes of the New York State Retirement System the marriages of same-sex couples entered into in Canada. Justice Thomas J. McNamara of New York Supreme Court, Albany County, granted a declaratory judgment upholding the policy from a challenge brought by a conservative religious organization. Plaintiffs had argued that the Comptroller acted illegally in following the lead of then-Attorney General Eliot Spitzer and other government leaders who had opined that New York law required recognition of such marriages. The suit was defended both by the Comptroller and by same-sex spouses who moved to intervene as defendants, represented by Kramer Levin and Lambda Legal Defense and Education Fund.

Echoing arguments made by Lambda Legal and Kramer Levin, Justice McNamara ruled that since New York has chosen not to enact a "defense of marriage act," the State's strong common law rule requiring respect for out-of-state marriages valid where performed applies to Canadian marriages of same-sex couples. He further noted that last year's Hernandez decision upholding the exclusion of same-sex couples from civil marriage in New York was not controlling because it concerned only the right to enter into marriage within the state, not the treatment of valid foreign marriages.

Kramer Levin lawyers Jeffrey S. Trachtman, Norman C. Simon, and Aaron Fleisher worked with Lambda Legal on this matter.