Building the gay highway from California to New York -- 'Marry' west and live east
Only a Federal Marriage Amendment can preserve the family now. Ask the presidential candidates to state their position; send a one-click E-mail (IL residents)
-- From "Gay rights advocates score wins in NY, Calif" by Michael Gormley, AP 5/29/08
ALBANY, N.Y. (AP) — Gay rights advocates had reason to celebrate on both coasts Thursday, with New York set to recognize same-sex marriages performed elsewhere and California preparing to begin issuing marriage licenses to gay couples on June 17.
Hours after California issued a directive Wednesday authorizing that date, word came that New York Gov. David Paterson instructed state agencies — including those governing insurance and health care — to immediately change policies and regulations to recognize gay marriages.
New York residents [can] flock to California, where gay couples will be able to wed beginning June 17 — unless that state's Supreme Court decides to stay its own ruling same-sex gay marriage. Upon their return home, in the eyes of the state, their unions would be no different from those of their heterosexual neighbors.
Paterson spokeswoman Erin Duggan said the May 14 memo is intended to guide the actions of state agencies. It states that agencies must change policies and regulations to make sure "spouse," "husband" and "wife" are clearly understood to include gay couples.
In California, a group opposed to gay marriage has asked the state Supreme Court to grant a stay of its May 15 ruling until after the November election, when voters are likely to face a ballot initiative that would define marriage as a union between a man and a woman. Passage of the initiative would overrule the Supreme Court.
Justices have until June 16 to rule on the stay request, according to the memo sent Wednesday by e-mail to the state's 58 county clerks.
The guidelines from Janet McKee, chief of California's office of vital records, contained copies of new marriage forms that include lines for "Party A" and "Party B" instead of bride and groom. The gender-neutral nomenclature was developed in consultation with county clerks, according to the letter.
"Effective June 17, 2008, only the enclosed new forms may be issued for the issuance of marriage licenses in California," the directive reads.
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-- From "New York to Back Same-Sex Unions From Elsewhere" by Jeremy W. Peters, posted on The New York Times 5/29/08
ALBANY — Gov. David A. Paterson has directed all state agencies to begin to revise their policies and regulations to recognize same-sex marriages performed in other jurisdictions, like Massachusetts, California and Canada.
In a directive issued on May 14, the governor’s legal counsel, David Nocenti, instructed the agencies that gay couples married elsewhere “should be afforded the same recognition as any other legally performed union.”
The revisions are most likely to involve as many as 1,300 statutes and regulations in New York governing everything from joint filing of income tax returns to transferring fishing licenses between spouses.
In a videotaped message given to gay community leaders at a dinner on May 17, Mr. Paterson described the move as “a strong step toward marriage equality.” And people on both sides of the issue said it moved the state closer to fully legalizing same-sex unions in this state.
“Very shortly, there will be hundreds and hundreds and hundreds, and probably thousands and thousands and thousands of gay people who have their marriages recognized by the state,” said Assemblyman Daniel O’Donnell, a Democrat who represents the Upper West Side and has pushed for legalization of gay unions.
The directive is the strongest signal yet that Mr. Paterson, who developed strong ties to the gay community as a legislator, plans to push aggressively to legalize same-sex unions as governor. His predecessor, Eliot Spitzer, introduced a bill last year that would have legalized gay marriage, but even as he submitted it, doubted that it would pass. The Democratic-dominated Assembly passed the measure, but the Republican-led Senate has refused to call a vote on it.
Short of an act by the Legislature, the directive ordered by Mr. Paterson is the one of the strongest statements a state can make in favor of gay unions.
Groups that oppose gay marriage said the governor was essentially trying to circumvent the Legislature.
“It’s a perfect example of a governor overstepping his authority and sidestepping the democratic process,” said Brian Raum, senior legal counsel for the Alliance Defense Fund, a national organization opposed to same-sex marriage. “It’s an issue of public policy that should be decided by the voters.”
In the directive, Mr. Nocenti wrote that state agencies should review all rules and regulations to determine whether they conflict with recognition of same-sex marriages and report back to him by June 30. Mr. Nocenti said that state agencies that did not provide “full faith and credit to same-sex marriages” could be subject to liability.
It is less clear what the directive means for state policies that are not enforced by state agencies but by the courts, like those that govern child custody . . .
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For background, read Activist NY Judges Recognize Same-sex Marriage
