"(New York, March 16, 2005) — In legal papers served today, Lambda Legal has taken the first step toward filing a lawsuit on behalf of a gay couple who were legally married last year in Canada but were denied spousal health benefits from Uniondale Free School District on Long Island. The lawsuit will argue that state law clearly requires government entities to respect marriages performed out of state, including same-sex couples’ marriages that were legally performed elsewhere.
Lambda Legal represents Duke Funderburke, 72 , who worked as a teacher at the Uniondale Union Free School District in Nassau County for over 20 years before retiring in 1986. He married his partner of 42 years, Brad Davis, 67, in October of 2004 in a ceremony in Ontario, Canada. When Funderburke requested that his retirement health benefits be extended to his spouse, just as benefits are extended to other married retirees, the school district refused.
“New York law is clear that when couples get validly married somewhere else, their marriages are recognized in New York. It doesn’t matter whether same-sex couples can get married in New York right now – if they were married legally somewhere else, the law says they’re legally married here,” said Alphonso David, Staff Attorney at Lambda Legal who is handling the case.
The papers served today say that the school district violated its contractual, statutory and regulatory obligations, as well as common law and the state constitution, in refusing spousal coverage to Funderburke and Davis (The papers served today are a notice of claim that will allow a lawsuit to be filed in 30 days). Lambda Legal also cites opinions in recent months that were issued by New York’s Attorney General and State Comptroller, both clearly saying that out-of-state marriages of same-sex couples must be recognized in New York."
Lambda Legal represents Duke Funderburke, 72 , who worked as a teacher at the Uniondale Union Free School District in Nassau County for over 20 years before retiring in 1986. He married his partner of 42 years, Brad Davis, 67, in October of 2004 in a ceremony in Ontario, Canada. When Funderburke requested that his retirement health benefits be extended to his spouse, just as benefits are extended to other married retirees, the school district refused.
“New York law is clear that when couples get validly married somewhere else, their marriages are recognized in New York. It doesn’t matter whether same-sex couples can get married in New York right now – if they were married legally somewhere else, the law says they’re legally married here,” said Alphonso David, Staff Attorney at Lambda Legal who is handling the case.
The papers served today say that the school district violated its contractual, statutory and regulatory obligations, as well as common law and the state constitution, in refusing spousal coverage to Funderburke and Davis (The papers served today are a notice of claim that will allow a lawsuit to be filed in 30 days). Lambda Legal also cites opinions in recent months that were issued by New York’s Attorney General and State Comptroller, both clearly saying that out-of-state marriages of same-sex couples must be recognized in New York."
If a legally married couple moves from Florida to Georgia, their marriage is valid also in Georgia, correct? Is this a reasonable argument for the two men in New York?
R. Mitrosky
2 comments:
That's a pretty interesting story. I personally don't think that a same-sex marriage should be respected in states that don't approve of gay marriages. However, I do think that these men have a good case because of the law in New York.
The U.S. Constitution says that any legal pronouncement -- such as a marriage -- legally created in one state is legal in all other states, regardless of local law. The question in this case, is whether that would apply to a marriage conducted in Canada.
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