Marriage Recognition for Same Sex Couples in New York: Advances Outside of the Courtroom
Published 05/30/08
In addition to its litigation, Lambda Legal has been working in a coalition of groups since 2003, when Canada began marrying same-sex couples from New York, to win respect for those couples’ marriages in the public and private sector. This respect has been important for purposes of spousal health and other insurance coverage, retirement benefits, death benefits and countless other protections for couples. Below we describe the results of that successful work outside the courtroom by Lambda Legal and its partners. To learn about Lambda Legal’s successes inside the courtroom, see Marriage recognition for Same Sex Couples in New York: Advances in Court.
Note: For those who need to document the advances below as part of an effort to advocate for respect of marriages from public officials, employers, and companies, call Lambda Legal’s Marriage Project at 212-809-8585.
New York State Governor
On May 14, 2008, the governor’s office directed counsel for all state agencies to comply with court decisions requiring respect for out-of-state marriages of same-sex couples:
In light of these decisions, agencies that do not afford comity or full faith and credit to same-sex marriages that are legally performed in other jurisdictions could be subject to liability. In addition, extension of such recognition is consistent with State policy.1
New York State Department of Civil Service (DCS)
On May 1, 2007, DCS implemented a policy respecting out-of-state marriages of same-sex couples for the purposes of extending spousal insurance benefits to current and retired employees for over 800 state and local government employers.2
New York State Attorney General
On March 3, 2004, the attorney general’s office issued an opinion confirming that valid marriages of same-sex couples are entitled to legal respect in New York.3
New York State Comptroller
On October 8, 2004, the New York State comptroller issued an opinion confirming that the state’s retirement system would recognize out-of-state marriages of same-sex couples to determine eligibility for retirement and pension benefits:
Based on current law, the Retirement System will recognize a same-sex Canadian marriage in the same manner as an opposite-sex New York marriage, under the principle of comity. That principle has been legal practice pursuant to New York Court of Appeals rulings for many years.4
Local Authorities in New York
New York City
On April 6, 2005, Anthony W. Crowell, special counsel to the mayor, released a letter stating that:
[I]t is the policy of the City of New York to recognize equally all marriages, whether between same- or opposite-sex couples, and civil unions lawfully entered into in jurisdictions other than New York State, for the purposes of extending and administering all rights and benefits belonging to these couples, to the maximum extent allowed by law.5
On June 17, 2005, the general counsel to the City University of New York confirmed that the CUNY system provides spousal health insurance and other benefits to same-sex spouses of employees.6
Westchester County
On June 6, 2006, Westchester County Executive Andrew Spano issued Executive Order No. 3 of 2006, which directs
each and every department, board, agency, and commission of the County of Westchester under my jurisdiction to recognize same sex marriages lawfully entered into outside the State of New York in the same manner as they currently recognize opposite sex marriages for the purposes of extending and administering all rights and benefits belonging to these couples, to the maximum extent allowed by law.7
County Executive Spano’s order was challenged in court and declared to be a lawful and valid exercise of the county executive’s power.8
In addition, the following selected cities have also publicly announced that they will recognize the validly performed out-of-state marriages of same-sex couples:9
- City of Albany
- City of Binghamton
- City of Buffalo
- Town of Brighton
- City of Ithaca
- Town of Chili
- City of Rochester
- Village of Nyack
Selected Insurance Companies
The following is a list of selected insurance companies that have publicly announced that they will respect the out-of-state marriages of same-sex couples for insurance purposes:10
- Allstate
- Blue Cross/Blue Shield
- CIGNA
- Electric Insurance
- GEICO
- Health Economics Group
- State Farm
Selected Unions
The following selected unions have confirmed that they will respect the out-of-state marriages of same-sex couples:
- Local 295/Local 851 Welfare Fund of the International Brotherhood of Teamsters
- International Alliance of Theatrical Stage Employees (I.A.T.S.E.)
1 Memorandum from David Nocenti to All Agency Counsel (May 14, 2008).
2 DCS Policy Memorandum Number: 129r1, Policy File Ref: A330 (Issued: September 22, 2006, revised: May 1, 2007).
3 Op. Att'y Gen. No. 2004-1 (Mar. 3, 2004), available at http://www.oag.state.ny.us/press/2004/mar/mar3a_04_attach2.pdf. More recently, the Attorney General's Office reaffirmed its position in a friend-of-the-court brief filed in support of Lambda Legal's position in a case. See, e.g., Brief of the New York State Comptroller as Intervenor and of the Attorney General of the State of New York and the New York State Department of Civil Service as Amici Curiae in Support of Defendant-Respondent, Godfrey v. Spano, Docket No. 2007-4303 (2d Dept. Mar. 7, 2008).
4 Op. of N.Y. State Comptroller Alan G. Hevesi (Oct. 8, 2004).
5 Letter from Anthony W. Crowell, Special Counsel to the Mayor, to Alan Van Capelle (Apr. 6, 2005).
6 Letter from Frederick P. Schaffer, General Counsel, City Univ. of N.Y., to Anthony W. Crowell, Special Counsel to the Mayor (June 17, 2005).
7 Westchester County Executive Order No. 3 (June 6, 2006).
8 Godfrey v. Spano, 2007 WL 749692 (Sup. Ct. Westchester County Mar. 12, 2007).
9 Statement of Anthony M. Masiello, Mayor of Buffalo (Mar. 5, 2004); Letter from William A. Johnson, Jr., Mayor of Rochester, to Chuck Bowen (Apr. 28, 2004); Statement of Gerald D. Jennings, Mayor of Albany (Oct. 1, 2005); Statement of Carolyn K. Peterson, Mayor of Ithaca (Mar. 2, 2004); City of Binghamton, N.Y. Executive Order No. 2007-01 (June 1, 2007); Statement of Sandra Frankel, Town Supervisor of Brighton (Mar. 5, 2004); Letter from Linda R. Collinge, Payroll Clerk of Town of Chili, to Blue Cross & Blue Shield Membership Services (Nov. 1, 2004); Comments of John Shields, Mayor of Nyack (Feb. 27, 2004).
10 Erin Texeira, Insurance Coverage: A Victory for Gay Couples, NEWSDAY, July 19, 2004, at A8; Letter from Milva Romei, Excellus Rochester Region, to John — (Jan. 25, 2006); Letter from Tomoko Shimizu, CIGNA Client Manager, to Kevin Cathcart (Dec. 8, 2004); Health Economics Group, Certificate of Group Health Plan Insurance Coverage for John — and John — (Jan. 6, 2005).
