Kramer Levin Helps Secure Another Decision Respecting the Marriages of Same-Sex Couples

A New York trial court has upheld a New York State Department of Civil Services (DCS) policy requiring that the valid Canadian marriages of same-sex couples be respected for purposes of providing State-sponsored spousal health insurance benefits. Justice Thomas J. McNamara of New York Supreme Court, Albany County, granted summary judgment upholding the policy from a challenge brought by a conservative religious organization. Plaintiffs had argued that DCS acted illegally in changing its prior policy denying such recognition, which was challenged in an earlier (and still pending) suit brought by Kramer Levin and Lambda Legal Defense and Education Fund. The new suit, Lewis v. New York State Department of Civil Services, was defended both by DCS and by same-sex spouses who moved to intervene as defendants, represented by Kramer Levin and Lambda Legal.

Justice McNamara granted the intervention motion and held that DCS had not acted illegally because its new policy was consistent with New York's strong common law rule requiring respect for out-of-state marriages that are valid where performed, such as the Canadian marriages of same-sex couples. He rejected the claim that DCS was estopped from changing its policy based on having taken a contrary position in the earlier litigation

Kramer Levin partners Jeffrey S. Trachtman and Norman C. Simon and associates Jennifer Haber, Darren Cohen, Aaron Fleisher, Jason Moff, and Adina Levine have worked with Lambda Legal on the marriage recognition cases.