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Same-Sex Spousal Benefits
A number of foreign countries and four U.S. states allow same-sex couples to marry. New York is not among them. In Hernandez v. Robles, 7 N.Y.3d 338 (2006), the state's highest court, the New York Court of Appeals held that the Domestic Relations Law restricts marriage to opposite-sex couples and that such restriction does not violate the state constitution. Godfrey v. Spano, decided in November 2009, afforded the court an opportunity to resolve the question of whether same-sex marriages that are valid where performed are entitled to full legal recognition in New York under the marriage recognition rule. The majority side-stepped that issue and resolved the case on other grounds. The three concurring judges would have reached it, however, and decided in favor of recognition.
The Cases
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