Kramer Levin Helps Vacate Erroneous Ruling Denying Recognition to Valid Marriages of Same-Sex Couples

The Appellate Division for the Second Department has vacated an erroneous decision denying recognition to the valid Canadian marriage of a same-sex couple, recognizing that the decision was out of step with recent cases holding that such marriages are entitled to respect in New York State. The suit at issue was brought by Lambda Legal Defense and Education Fund and Kramer Levin on behalf of a retired Nassau County schoolteacher who married his partner of 43 years in Canada but was denied the spousal health insurance benefits to which he was entitled. The school district and the Department of Civil Service (DCS) took this position even though the state Attorney General, Comptroller and other public officials and private entities throughout the state had recognized New York’s long-standing legal rule that a marriage valid in the jurisdiction where it was celebrated should be respected in New York. Ignoring this rule, a Nassau County Supreme Court Justice rejected the challenge in July 2006, and plaintiff appealed.

While the appeal was pending, DCS reversed its policy, directing that valid out-of-state marriages be respected for purposes of providing insurance coverage to public employees covered by the New York State Health Insurance Plan (NYSHIP). The change in policy affected employees of more than 800 public employers across the State. DCS and the school district then moved to dismiss the appeal as moot, but Kramer Levin and Lambda Legal argued that it would be unfair to plaintiff to dismiss the case without vacating the erroneous decision below -- which was now out of step with several other New York court rulings properly applying the marriage recognition rule. The Appellate Division agreed, dismissing the appeal as moot but also vacating the erroneous trial court decision, citing concerns of fairness to the plaintiff and the need to avoid "confusion of the legal issues in this area of the law."

Partners Jeff Trachtman and Norm Simon, and associates Darren Cohen, Aaron Fleisher, Jennifer Haber, Adina Levine and Jason Moff are currently working with Lambda Legal on its marriage equality matters in New York.