Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Changes in Store for Same-Sex Couples?

By ALM Staff | Law Journal Newsletters |

The election of Eliot Spitzer to the office of Governor may signal a sea change in the progress of attempts to make gay marriage a reality in New York. Before voters went to the polls on Nov. 7, Spitzer made national headlines when, in an October speech at a dinner, he declared his intention to support passage of a same-sex marriage law, if elected. The speech was delivered at a dinner hosted by the Empire State Pride Agenda, a New York nonpartisan lesbian, gay, bisexual and transgendered civil rights organization.

Spitzer's stance was not wholly surprising, but it is ironic that in 2004, in his position as the State's Attorney General, Spitzer's counsel put a stop to the wave of statewide attempts by couples to enter into same-sex marriages. The movement began when the Mayor of New Paltz performed ceremonies for several same-sex couples who did not have marriage licenses. Those marriages were later deemed void. Spitzer, at that time, told New Yorkers that the language of the Domestic Relations Law did not authorize the issuance of marriage licenses to same-sex couples because it refers throughout to 'brides and grooms' and 'husbands and wives.' He therefore advised local officials to refrain from issuing marriage licenses to same-sex couples and from officiating at their weddings. Attorney General Issues Opinion On Same-Sex Marriage, http://www.oag.state.ny.us/press/2004/mar/mar03a_04.html. At the same time, however, he did proclaim that marriages of same-sex couples lawfully entered into in other jurisdictions should be recognized in New York.

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.

When Is a Repair Structural or Nonstructural Under a Commercial Lease? Image

A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."