NEW YORK (Reuters) - New York state has instructed government agencies to recognize same-sex marriages conducted out of state or abroad, renewing debate on an issue that was used to rally conservatives in the last U.S. general election.
By Claudia Parsons
NEW YORK (Reuters) - New York state has instructed government agencies to recognize same-sex marriages conducted out of state or abroad, renewing debate on an issue that was used to rally conservatives in the last U.S. general election.
The directive could impact everything from health insurance to public housing and organ donation. It was welcomed by the New York Civil Liberties Union, which posted a copy on its Web site and said it was "a milestone in the fight for fairness."
In the memo dated May 14 but not publicized at the time, Gov. David Paterson's legal counsel, David Nocenti, said state agencies that do not recognize gay marriages could be subject to liability.
!ADVERTISEMENT!The directive follows a New York appeals court ruling in February that valid same-sex marriages performed in other states or countries must be recognized in New York.
Gay marriage is a hot political issue in the United States. Massachusetts is the only U.S. state that allows same-sex marriage, while several states allow gay civil unions.
Paterson's predecessor as governor, Eliot Spitzer, who resigned earlier this year, proposed legalizing same-sex marriage in New York last year but said at the time he expected such a bill to be rejected by the legislature.
More than 25 states have constitutional amendments barring same-sex marriage, many of them approved in measures placed on the ballot for the 2004 presidential election. The amendments helped boost turnout of socially conservative voters, aiding Republican candidates, including President George W. Bush.
In California, the state Supreme Court ruled this month that barring homosexuals from marrying violated the California Constitution. Opponents of gay marriage in California are preparing an amendment to the state constitution that could be on the ballot for this year's election in November.
'LIVE WITH DIGNITY'
The directive to New York agencies said same-sex marriages were legal in Canada, South Africa, Spain, Belgium and the Netherlands, as well as Massachusetts.
"When a Massachusetts official vested with legal authority ... has recognized such marriage, it should be afforded the same recognition as any other legally performed union," it said.
The directive instructed state agencies to review all policies and regulations to ensure the terms "spouse," "husband" and "wife" were construed "in a manner that encompasses legal same-sex marriages, unless some other provision of law would bar your ability to do so."
It referred to a list drawn up by the New York City Bar Association and the Empire State Pride Agenda Foundation, a gay rights group, of more than 1,300 such regulations.
Areas affected range from inheritance to public housing and education assistance, as well as health insurance and employment benefits.
Donna Lieberman, executive director of the New York Civil Liberties Union, said Paterson's directive strengthened the court's ruling "by acknowledging it is New York's policy to recognize the marriages of lesbian and gay couples."
"Now it's time for our legislature to allow all of New York's families to live with dignity," Lieberman said.
Michael Long, chairman of the Conservative Party of New York State and an opponent of gay marriage, said Paterson's directive overturned the will of the people of New York as expressed by the state legislature.
"Marriage in New York State is between a man and a woman," Long said in a statement.
(Editing by Eric Beech)
