Pride and Prejudice: Legal Rights of Same-Sex Couples in New York Matrimonial Proceedings

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On Sunday, June 27, 2010, thousands marched down Fifth Avenue in New York City for the annual gay pride parade.  The gay community has seen a number of ups and downs with respect to their rights in New York.  In December 2009, the New York Senate rejected a bill that would enable gay couples to wed.  However, New York Courts have recognized gay marriages performed in states which allow for same.  Thus, a couple’s marriage that took place in Massachusetts will be recognized in New York.  By recognizing same sex marriages, New York allows same sex partners to reap the same benefits as heterosexual couples.  In Martinez v. County of Monroe the New York Court recognized a same sex marriage solemnized in Canada and allowed for the spouse to apply for spousal health care benefits from her partner’s employee.

Though New York does not allow same sex couples to get married legally in the state, it does allow same sex couples to dissolve their marriage.  In Beth R. v. Donna M., the court held that “New York courts have long held that out-of-state marriages, if valid where entered, will be respected in New York even if under New York law the marriage would be void.”  The couple, having been legally married in Canada was granted a legal divorce.  Similarly in C.M v. C.C., the court opined that, “no basis exists to decline to exercise jurisdiction over the dissolution of the parties’ Massachusetts marriage and this New York divorce action can proceed.” 

If you are in a same-sex relationship and are looking to dissolve your out-of-state marriage, Long Island Divorce Attorney Jay D. Raxenberg can help.  Click here to schedule a complimentary consultation.

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