Newsday is reporting that Governor David Paterson is supportive of legislation legalizing gay marriage in New York.  This movement in New York to legislatively legalize gay marriage comes on the heels of the states of Iowa and Vermont legalizing gay marriage.  Currently, there are two other states aside from Iowa and Vermont, Massachusetts and Connecticut, where gay marriage is legal. 

While Newsday has reported that Governor Paterson faces staunch opposition to legalizing gay marriage in New York, the solution may be in the courts rather than in the legislature under the doctrine of comity.  There is currently a split among the New York trial courts whether to recognize a marriage that is valid in another country.  Currently, in 2006, the New York Court of Appeals held in the case of Robles v. Hernandez, 855 N.E.2d 1 (N.Y. 2006) that a gay marriage validly recognized under Canadian law was not valid under New York law based on the doctrine of comity, whereby a judicial tribunal gives recognition, reciprocity, and respect to foreign judgments.  However, Chief Justice Judith Kaye authored a vehement dissent in the case, characterizing the Court’s decision as an “unfortunate misstep.” Id. at 34. (C.J. Kaye, dissenting).

In the case of Lewis v. New York State Department of Civil Services, No. 4078/07 (Albany County Sup. Ct. Mar. 3, 2008) the Albany County Supreme Court held that Robles precluded recognition of foreign same-sex marriages.  However, the New York County Supreme Court, in Beth R. v. Donna M., granted an action for a divorce to a gay couple validly married under Canadian law, thus recognizing the Canadian marriage as valid under New York law.  Given the split among New York trial courts, in addition to Chief Justice Kaye’s passionate dissent in Robles, legalizing gay marriage in New York through the doctrine of comity, recognizing validly entered marriages from other countries, is ripe for change.

http://www.newsday.com/services/newspaper/printedition/wednesday/news/ny-txtstates1512651326apr14,0,5433319.story

Homosexuals face discrimination in many aspects of their everyday lives, including the workplace. While Federal anti-discrimination law such as Title VII of the Civil Rights Act 1964 does not extend protection to homosexuals, state and local laws, including the Executive Law in New York, make it impermissible for employers to discriminate based on sexual orientation. http://www.eeoc.gov/policy/vii.html.  The attorneys of the Law Firm of Leeds Morelli and Brown P.C. are committed to protecting and enhancing the rights of homosexuals, who often face the ugly wrath of discrimination in many facets of their daily living. 

For any questions, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658.  Leeds Morelli & Brown P.C.’s website is located at www.lmblaw.com.