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Judge Upholds Out-of-State Gay Unions

By Noeleen G. Walder

A Bronx judge has upheld Gov. David Paterson's order that state executive-branch agencies recognize same-sex marriages solemnized outside of New York. Acting Supreme Court Justice Lucy Billings held in Golden v. Paterson, 260148/08, that the governor's May 2008 directive neither “encroach[ed]” on the power of the state Legislature to regulate marriage, nor conflicted with the New York Court of Appeal's holding in Hernandez v. Robles, 7 NY3d, 338, 356 (2006), which held that the state Constitution “does not compel recognition of marriages between members of the same-sex.”

“[W]hen partners manifest the commitment to their relationship and family ' by solemnizing that commitment elsewhere, through one of life's most significant events, and come to New York ' to carry on that commitment, nothing is more antithetical to family stability than requiring them to abandon their solemnized commitment,” she wrote in dismissing a suit filed on behalf of several taxpayers.

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