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State's Recognition of Foreign Same-Sex Marriages Moves One Step Further

By Janice G. Inman
March 28, 2008

The Court of Appeals said in Hernandez v. Robles, 7 NY3d 338 (2006), that the State of New York did not violate its own constitution when it refused to allow gay marriage within the state. Although the decision squashed a lot of hopes in the gay and lesbian community, there remained the possibility that out-of-state marriages of this type might be granted recognition here. So, despite the fact that nothing was guaranteed, many couples made the trip to Massachusetts (for the short time that that state allowed them to) or to Canada to take their vows.

Now, New York's courts are gradually building up a string of cases to answer the question that hung so ominously over those out-of-jurisdiction marriages: Would they be recognized here? And the answer, so far, is, 'Yes.'

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