New York is one of the few states that have not passed a Defense of Marriage Act to prevent recognition of same-sex marriages. But New York hasn't legalized same-sex marriages, either. Though it's too early to be mailing wedding invitations, a combination of court action and a changing political climate could bring this limbo to an end, possibly giving New York a chance to become the second state, following Massachusetts, to legalize same-sex marriage.

The Appellate Court's decision last month on the Martinez case is just one of several in New York's courts involving same-sex marriage.

Patricia Martinez sued Monroe Community College, her employer, after she tried to enroll her partner, Lisa Ann Golden, in MCC's health-care plan. MCC, which did not offer domestic partner benefits at the time, rejected Golden's application, saying the state did not recognize their marriage. Martinez, who had a civil-union ceremony with Golden in Vermont, and married her in Canada in 2004, claimed her civil rights were violated because she was denied the same benefits MCC offered its married heterosexual employees.

A lower court sided with MCC, but Martinez appealed the ruling. The state's Appellate Division decided that the couple's legal marriage in Canada must be honored. The state has a long history of respecting marriages that are legal outside of New York.

The decision in the Martinez case is consistent with two similar lower court cases, says Matthew Faiella, an attorney with the New York Civil Liberties Union.

"What we're seeing in each of these cases is a repetitive theme," says Faiella. "The state government is being asked to recognize valid same-sex marriages from outside New York even though same-sex marriage is not legal here. But it's hard to predict what will happen next."

Recognition of same-sex out-of-state marriages has become an issue for New York because of the state's neighbor to the north, says Todd Plank with Empire State Pride Agenda.

"There are so many couples that have been crossing the border to Canada, getting married, and returning home to New York," says Plank. "It's been going on for a while, and these are legal contracts."

The Appellate Division's five-to-zero decision on the Martinez case is being challenged by Monroe County Executive Maggie Brooks. Attorneys for the county have taken the matter to the New York State Court of Appeals, which must first agree to hear the case.

Brooks maintains that the Martinez-Golden marriage, while it may be legal in Canada, is not valid in New York. The ruling, if it stands, will adversely impact businesses and taxpayers throughout the state, she said. Many businesses in Monroe County and throughout the state, however, voluntarily offer domestic partnership benefits to their employees.

Brooks and the county communications department did not return calls for comment on this story.

If the Court of Appeals upholds the Appellate Division's decision, it's not clear whether the county can bring the case to a federal court. Jeffrey Wicks, the Rochester attorney who represents Martinez, says the case is about a state issue, not a federal matter.

While the judicial branch of state government continues to weigh in on same-sex marriage issues, the Legislature, marriage advocates say, may soon be in a better position to address the politically sensitive subject.

A same-sex marriage bill made it through New York's Democratic-controlled Assembly last year in an 85 to 61 vote, and Governor Eliot Spitzer has stated publicly he would sign a bill legalizing same-sex marriage.

But the issue lacks support in the Republican-controlled Senate. The GOP's dwindling majority gives same-sex marriage advocates hope, however. Democrat Darrel Aubertine won an open seat in the state's North Country special election last week. The victory lowers the Republican majority to two seats.

Marriage advocates are hoping that Democrats will take the Senate in November. And there are rumors that Democrats are looking to "flip" someone in the Senate before then, giving both sides of the Legislature 31 seats. Lieutenant Governor David Patterson, a Democrat, would cast any tie-breaking votes.

But all Senate Democrats may not favor a marriage bill, and while same-sex marriage doesn't appear to be a wedge issue for New Yorkers today, that doesn't mean Republicans won't use it to try to keep their Senate majority.

Also, although Spitzer supports same-sex marriage, his popularity has plummeted since he took office. Backlash from "Trooper Gate" and his plan to provide driving licenses for undocumented workers have tarnished his image, and may have weakened the clout the governor had when he took office.

Polls by Empire State Pride Agenda show that 53 percent of New Yorkers support a same-sex marriage bill, says spokesperson Joe Tarver.

"I think same-sex marriage is going to happen in New York," says Gary Pudup, director of the Rochester and Genesee Valley Civil Liberties Union. "But I don't think it's going to be determined by one court ruling or passing one law. This is a process, and we're still in it."

The case for the M-word

Many politicians have been reluctant to support same-sex marriage. Even though they may be empathetic to their LGBT constituents, supporting marriage is risky.

Civil unions have often been held up as a good alternative.

But a report last month out of New Jersey evaluates the state's year-old civil union law. The results confirm much of what marriage advocates have been saying all along: civil unions do not offer the same rights and protections as marriage.

Members of the New Jersey Civil Union Review Commission listened to testimony from same-sex couples who said companies continued to discriminate against them.

Many reasons for the discrimination were cited, but a general lack of clarity about civil unions was high on the list.

"People know what marriage means," says Joe Tarver, spokesperson for the Empire State Pride Agenda. "Culturally, people just don't understand civil unions. This report basically says civil unions create what amounts to second-class citizens."

Other problems the report cites include: civil-union couples face unequal treatment in hospitals and medical settings, particularly in a time of crisis; and civil unions are less beneficial to African-Americans, who often cannot afford the legal fees to create important legal documents such as wills, health-care proxies, and powers of attorney.

"What the general public often doesn't know is that there are 1,334 rights, obligations, and privileges that come with a New York State marriage license," Tarver says. "There are another 1,338 that come from the federal government. Counties and cities sometimes add another set. And most married heterosexual couples are not aware of this. We're talking about everything from insurance rates to Social Security benefits. Fortunately, there is a train going down the track in New York State, and it's marriage, not civil unions."

The case for the M-word

Many politicians have been reluctant to support same-sex marriage. Even though they may be empathetic to their LGBT constituents, supporting marriage is risky.

Civil unions have often been held up as a good alternative.

But a report last month out of New Jersey evaluates the state's year-old civil union law. The results confirm much of what marriage advocates have been saying all along: civil unions do not offer the same rights and protections as marriage.

Members of the New Jersey Civil Union Review Commission listened to testimony from same-sex couples who said companies continued to discriminate against them.

Many reasons for the discrimination were cited, but a general lack of clarity about civil unions was high on the list.

"People know what marriage means," says Joe Tarver, spokesperson for the Empire State Pride Agenda. "Culturally, people just don't understand civil unions. This report basically says civil unions create what amounts to second-class citizens."

Other problems the report cites include: civil-union couples face unequal treatment in hospitals and medical settings, particularly in a time of crisis; and civil unions are less beneficial to African-Americans, who often cannot afford the legal fees to create important legal documents such as wills, health-care proxies, and powers of attorney.

"What the general public often doesn't know is that there are 1,334 rights, obligations, and privileges that come with a New York State marriage license," Tarver says. "There are another 1,338 that come from the federal government. Counties and cities sometimes add another set. And most married heterosexual couples are not aware of this. We're talking about everything from insurance rates to Social Security benefits. Fortunately, there is a train going down the track in New York State, and it's marriage, not civil unions."