Same-Sex Unions in the Conflict of Laws: Cases

Cases

Marriage Cases

Quarto v. Adams, — A.2d —, 2007 WL 2262736 (N.J. App. Div. 2007): Refusing to recognize same-sex marriage celebrated by New Jersey residents in Canada.

› Lewis v. New York State Department of Civil Service, Index No. 4078/07: Suit challenging New York civil service agency's recognition of non-local same-sex marriages for benefits purposes. (pending)

› O'Darling v. O'Darling (Okla): Divorce action by Oklahoma residents who celebrated a same-sex marriage in Canada. (pending)

› Chambers v. Ormiston (R.I.): Divorce action by Rhode Island residents who celebrated a same-sex marriage in Massachusetts. (pending)

› De Ambtenaar van de Burgerlijke Stand van Aruba [The Vital Records Official of Aruba]/Verweerster 1 [Defendant 1], Hoge Raad der Nederlanden [HR] [Supreme Court of the Netherlands], 13 april 2007: Held Aruba was required to record a marriage of two Dutch women celebrated in the Netherlands.

› Godfrey v. Hevesi, Index No. 5896-06, RJI No. 01-06-086862 (N.Y. Sup. Ct. Apr. 5, 2007): Held taxpayers have right to challenge state comptroller's recognition of non-local same-sex marriages for state benefit purposes. (pending)

› Godfrey v. Spano, 2007 N.Y. Slip. Op. 27105, — N.Y.S.2d — (N.Y. Sup. Ct. Mar. 12, 2007): Upheld county executive's order recognizing non-local same-sex marriages for county purposes. (pending)

› Leskovar v. Nickels, No. 54450-1 (Wash. Ct. App.): Suit challenging Seattle mayor's policy of recognizing non-local same-sex marriages for purpose of determining eligibility for city employee benefits. (pending)

› Zappone v. Revenue Commissioners, [2006] No. 2004-19616-P (H. Ct.) (Ir.): Held invalid a ceremonial marriage celebrated in Canada by two Irish women. (pending)

› Ben-Ari v. Registrar of the Admin. of Pop. of the Interior Min., HCJ 3045/05 [2006] IsrSC —(—) —: Held government required to register a ceremonial marriage celebrated in Canada by two Israeli men.

› Gonzalez v. Green, — N.Y.S.2d — (Sup. Ct. 2006): Held invalid a ceremonial marriage celebrated ultra vires in Massachusetts by two New York men.

› Funderburke v. New York State Department of Civil Service, 822 N.Y.S.2d 393 (Sup. Ct. 2006): Held invalid a ceremonial marriage celebrated in Canada by two New York men. (appeal pending)

› Martinez v. Monroe Community College, No. 2005/00433 (N.Y. Sup. Ct. July 31, 2006) (unpublished): Refused to recognize as valid a ceremonial marriage celebrated in Canada by two New York women. (pending)

› Wilkinson v. Kitzinger [2006] EWHC 2022 (Fam), [2006] All ER (D) 479 (Jul) (Eng.): Held invalid a ceremonial marriage celebrated in Canada by two English women. (pending)

› Bishop v. Oklahoma, 447 F. Supp. 2d 1239 (N.D. Okla. 2006): Interpreted Oklahoma statute, which denies recognition to same-sex marriages celebrated in other “states,” as not applying to marriages celebrated in Canada.

› Cote-Whitacre v. Department of Public Health, 844 N.E.2d 623 (Mass. 2006): Interpreted and affirmed constitutionality of marriage evasion law.

Wilson v. Ake, 354 F. Supp. 2d 1298 (M.D. Fla. 2005): Held invalid a ceremonial marriage celebrated ultra vires in Massachusetts by two Florida women.

Lane v. Albanese, No. FA044002128S (Conn. Super. Ct. Mar. 18, 2005), 2005 WL 896129: Held invalid a ceremonial marriage celebrated ultra vires in Massachusetts by two Connecticut women.

› Hennefeld v. Township of Montclair, 22 N.J. Tax. 166 (2005): Held invalid a ceremonial marriage celebrated in Canada by two New Jersey men.

In re Parentage of Robinson, 890 A.2d 1036 (N.J. Ch. 2005): Avoided ruling on the validity of a ceremonial marriage celebrated in Canada by two New York women who later moved to New Jersey.

In re Mercier, No. 9-03-BK-15259-ALP (Bankr. M.D. Fla. Jan. 5, 2005), 2005 WL 419716: Observing that an apparently hypothetical ceremonial marriage celebrated in Oregon by two Oregon women would not be recognized in Florida.

In re Kandu, 315 B.R. 123 (Bankr. W.D. Wash. 2004): Refused to recognize as valid a ceremonial marriage celebrated in Canada by two Washington women.

Adams v. Howerton, 486 F. Supp. 1119 (C.D. Cal. 1980), aff’d on somewhat different grounds, 673 F.2d 1036 (9th Cir. 1982): Held invalid a ceremonial marriage celebrated in Colorado by two men. (arguable interhierarchical conflict between state and federal law)

› Anonymous v. Anonymous, 325 N.Y.S.2d 499 (Sup. Ct. 1971): Held invalid a ceremonial marriage celebrated in Texas by a man and a transgender woman.

Civil Union Cases

Langan v. St. Vincent's Hospital, 802 N.Y.S.2d 476 (N.Y. App. Div. 2005): Refused, for purposes of a wrongful death claim, to recognize a civil union celebrated in Vermont by two New York men.

Salucco v. Alldredge, No. 02E0087GC1, 2004 WL 864459 (Mass. Super. Ct. Mar. 19, 2004): Using equitable power to dissolve civil union celebrated by in Vermont by a New York man and an Arkansas man.

Brown v. Perez, No. CDCD 119660 (Iowa Dist. Ct. Nov. 14, 2003) (unpub.): Granted divorce to two women who had celebrated a civil union in Vermont, but on reconsideration, dissolved the civil union pursuant to court's equity power.

Rosengarten v. Downes, 802 A.2d 170 (Conn. App. Ct. 2002): Refusing to recognize Vermont civil union as a marriage under Connecticut law and refusing to dissolve Vermont civil union as a family relations matter

Burns v. Burns, 560 S.E.2d 47 (Ga. Ct. App. 2002): Refusing, for child visitation purposes, to recognize a civil union celebrated in Vermont by two women.