Politics
Thursday July 13, 2006
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NY Supreme Court Says State Does Not Recognize Canadian Same-sex “Marriages”
By John Jalsevac
LONG ISLAND, NY, July 13, 2006 (LifeSiteNews.com) – The New York State
Supreme Court has denied a homosexual couple spousal benefits, despite
their being “married” in Canada two years ago, the New York Times
reports.
The case was brought forward by Duke. L. Funderburke, who was
attempting to obtain medical benefits reserved for married couples from
the Uniondale Union Free School District, for his homosexual partner,
Bradley Davis.
NY Supreme Court Justice Edward W. McCarthy, however, referred back to
last week’s decision by New York’s Appellate Court as the basis for his
refusing to extend such benefits to the homosexual couple.
At the time appellate Justice Robert S. Smith demurred from following
the treacherous road of judicial activism, stating for the Court, "We
hold that the New York Constitution does not compel recognition of
marriages between members of the same sex. Whether such marriages
should be recognized is a question to be addressed by the legislature."
Funderburke’s lawyer, however, Alphonso David, argued that the
Appellate Court’s decision only forbids same-sex “marriages” from being
performed in the state, and does not forbid such “marriages” performed
elsewhere to be recognized by the state.
“This decision misapprehended the Court of Appeals decision,” argued
David, according to the NY Times. “Our position has always been that
same-sex couples cannot get married in New York, and that’s why out of
state marriages should be respected.”
Justice McCarthy, however, disagreed, writing "Under current New York
law, plaintiff and his partner are not considered spouses and therefore
spousal insurance benefits are unavailable to them."
This is not the first time that homosexual couples “married” in Canada
have attempted to use their Canadian “marriage” as leverage to force
the issue in their own state or country. Two women in Britain presented
arguments earlier this year to a U.K. high court that the U.K should
recognize their Canadian same-sex “marriage.” In a similar case, three
homosexual Israeli couples that were “married” in Canada are now
attempting to force the Israeli government to recognize their unions as
legitimate marriages.
See related LifeSiteNews.com coverage:
Homosexual Couples “Married” in Canada Push Home Countries for Recognition
http://www.lifesitenews.com/ldn/2006/jun/06060501.html
New York's Highest Court Rules 4-2 In Favor Of Traditional Marriage
http://www.lifesitenews.com/ldn/2006/jul/06070601.html
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