Same-Sex Unions in the Conflict of Laws: Cases

Same-Sex Unions
in the
Conflict of Laws

If there is one thing that the people are entitled to expect from their lawmakers, it is rules of law that will enable individuals to tell whether they are married and, if so, to whom.

U.S. Supreme Court Justice Robert H. Jackson (1948)

Case

Funderburke v. New York State Department of Civil Service

NEW YORK

2005-07

Marriage Recognition

Funderburke
v.
New York State Department of Civil Service

Index No. 6186/05

A retired public employee sought spousal benefits for his same-sex partner based on a marriage the men had celebrated in Canada. The case was litigated by Lambda Legal.

The trial court refused to recognize the marriage.

Legal Papers and Decisions

› Complaint (July 21, 2005)
› Cross-Motion for Summary Judgment (Feb. 13, 2006)
› Trial Court Decision of July 11, 2006
› Notice of Appeal (Aug. 2, 2006)
› Brief of Plaintiff-Appellant (Jan. 12, 2007)

Other Materials

› Lambda Legal Press Release (Mar. 16, 2005): announcing challenge
› Lambda Legal Press Release (May 4, 2006): noting oral argument

More information:
› Lambda Legal: Funderburke Page