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Same-Sex Marriage in New York
It had to happen. While many in front of and behind the political scenes have fought the concept of same-sex marriage, the well-established principles of full faith and credit or comity make it inevitable that same-sex marriage and the concomitant right of those couples to divorce would be somehow recognized in New York.
In two recent state court cases, the Fourth Department's Feb. 1, 2008 decision in Martinez v. County of Monroe, AD3d , 2008 NY Slip Op 00909 (4th Dept. 2008), and the Feb. 25, 2008 decision in Beth R. v. Donna M., by Justice Laura E. Drager in the Supreme Court New York County, the application of these settled constitutional precepts mandates the recognition of same-sex marriage in New York. Further, once the union is accepted as a marriage, as it must be, the right to terminate the marriage under the Domestic Relations Law, should also apply.
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