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Year's-End Developments in Same-Sex Marriage Law

By Janice G. Inman

In December, the New York State Legislature failed to pass a proposed same-sex marriage bill. As everyone knows, however, that is not the end of the story. More attempts will be made, and many issues surrounding same-sex marriage will continue to be debated and litigated. For example, due to the fact that the State of New York has a relatively high number of gay and lesbian couples, and Canada and neighboring states have laws allowing them to obtain marriage licenses and to marry within their borders, the number of legally married same-sex couples in New York has been on the rise. This circumstance has led to confusion over what rights, if any, same-sex married couples enjoy on state and local levels while living in New York.

In response to the confusion, some government entities in recent years have published policy statements meant to clarify the issue. Two of those pronouncements were the subject of the recent litigation in Godfrey v. Spano, — N.E.2d —-, 2009 WL 3849908 (11/19/09), which dealt with two separate but related cases. The November 2009 Court of Appeals decision upheld the validity of the policies in both cases that extended certain rights to New York same-sex couples legally married in other states or countries.

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