Trachtman Quoted on Impact of New York Marriage Ruling

Jeffrey S. Trachtman, who along with Norman C. Simon led the Kramer Levin team in Hernandez v. Robles, the recent New York case regarding  marriage rights for same-sex couples, was quoted in the New York Law Journal  about the impact of the Hernandez decision on subsequent LGBT rights litigation.  Jeff noted that Hernandez decided only two specific issues: that New York law did not permit same-sex couples to marry and that the exclusion was not unconstitutional.  He said the decision should not be read as precluding recognition within New York State of valid Canadian marriages of same-sex couples, the issue presented in another Kramer Levin pro bono case, Funderburke v. New York State Department of Civil Service.  Jeff was quoted as saying that the trial court decision in Funderburke, now on appeal, misread Hernandez and failed to apply a long-settled common law rule creating a presumption of respect for marriages that are valid where they are performed.