Tuesday, October 13, 2009

New York Court of Appeals Judge Susan Read tells ADF attorney Brian Raum that New York extends broad recognition to out-of-state marriages

10/13/09 AP:

Today the New York Court of Appeals heard oral arguments in two cases about whether the state can recognize out-of-state, same-sex marriages. Alliance Defense Fund attorney Brian Raum tried to argue that the state should not recognize such marriages, just as the state has exceptions for incestuous and polygamous marriages. But Raum conceded in questioning that the state Assembly has already passed marriage-equality legislation, and that state law protects gays and lesbians from some forms of discrimination. Moreover,

"[b]road recognition of out-of-state marriages is the law here," Judge Susan
Read said during Tuesday's hearing. "It's been the law for a long time."
10/14/09 NY Times:

According to the Times' account of the oral argument, the judges are wrestling with whether to issue a narrow ruling that applies just to the two cases at issue, or a broader ruling that "could force (!) businesses and local governments in the state to recognize out-of-state marriages between same-sex couples."

10/15/09 Leonard Link, by law professor Arthur Leonard / ADF Alliance Alert:
The New York Court of Appeals heard oral arguments on Tuesday, October 13, in two cases that might provide a vehicle for the court to weigh in on the question whether same-sex couples who marry elsewhere are entitled to have their marriages recognized in New York. But judging by the questioning from the bench, it appeared that many members of the court were looking for a way to give a narrow ruling that would not necessarily settle that question, pressingly aware that the State Senate might obviate their need to make a controversial ruling by voting for the marriage equality bill before the end of the year.

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