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Changes in Store for Same-Sex Couples?

By ALM Staff | Law Journal Newsletters |
November 29, 2006

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.

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