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)

 
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Case

Godfrey v. Hevesi

NEW YORK

2006-07

Marriage Recognition

 
 


Godfrey
     v.
Hevesi

Index No. 5896/06, RJI No. 01-06-086862

The Alliance Defense Fund, on behalf of taxpayer-plaintiffs, is challenging the state comptroller's decision to recognize non-local same-sex marriages under the New York State and Local Retirement System. Lambda Legal has intervened as a defendant in the case.

On September 12, 2007, the trial court dismissed the challenge, finding that the comptroller's recognition was consistent with New York's liberal rules for recognizing foreign marriages. The challengers will likely appeal.

Legal Papers and Decisions

Complaint of Sept. 7, 2006
Trial Court Decision of Apr. 5, 2007: denying a motion to dismiss and holding that the taxpayers have standing to challenge the comptroller's decision
Trial Court Decision of Sept. 12, 2007: dismissing challenge on merits and affirming recognition

Other Materials

Comptroller's Letter of Oct. 8, 2004: announcing policy of recognition
ADF's Press Release of Sept. 8, 2006: announcing commencement of challenge
Comptroller's Press Release of Sept. 13, 2006: promising vigorous defense of policy
ADF's Press Release of Apr. 17, 2007: responding to ruling

More information:
Alliance Defense Fund
Lambda Legal

 

Last updated: September 12, 2007
© 2007 by Stephen Clark