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GAY MARRIAGE: Technicality delays county's appeal

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The Court of Appeals, the state's highest court, will not review a lower court's decision involving a lesbian marriage. In the case of Martinez v. Monroe, a lower court ruled in February that out-of-state marriages are recognized in New York. Monroe County appealed the decision. Patricia Martinez, a Monroe Community College employee, filed the suit after health-care benefits were denied to her wife. The couple married in Canada in 2004.

Today, the Court of Appeals chose not to hear the county's appeal because of a technicality, says Jennifer Carnig, a spokesperson for NYCLU.

"The reason they decided not to hear the case is because the damages between the Martinez family and Monroe Community College have not been resolved," says Carnig. "That doesn't look like it will happen anytime soon."

The decision, says Carnig, means that the lower court's ruling, which recognizes out-of-state marriages, stands.

But the ruling, though it is good news for same-sex couples, still leaves the issue of marriage unsettled in New York. Until a law is passed in the New York State Legislature, there is the possibility that another court decision could undo the Martinez v. Monroe decision.

City first published an earlier version of this story based on initial information from the NYCLU. Updated information followed, and City removed the earlier version.

Comments for "GAY MARRIAGE: Technicality delays county's appeal" (3)

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tt said on Nov. 07, 2010 at 4:50pm

Above all, you should see us as human beings who live like other human beings but just have different interests like any other interest. My gay friends, I think we should focus more on how gay people are treated and try to make people accept who we are, and then they will be convinced that we deserve to be married like ordinary people.

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Michael Satterson said on Nov. 20, 2010 at 1:39pm

i totally agree with that, but they are human after all they hace to have their rights

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clint said on Nov. 21, 2010 at 8:09am

I do not understand how this is a state versus federal issue. The greatest marriage benefit is defined by social security, a federal program. The question is who gets survivor benefits? If that question is not answered at the federal level...there are no rights that are real and defined! You cannot have recognition in one area of benefit and not in the major area of benefit.

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