Family Law

New York Agencies Told to Recognize Out-of-State Gay Marriages

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A directive from the governor’s office tells state agencies in New York to recognize gay marriages legally performed elsewhere.

Citing a state appellate ruling, the legal counsel for Gov. David Paterson told agencies that married gay couples deserve the same protection as those in other legal unions, the New York Times reports. The action will affect everything from the ability to file joint state tax returns to the right to collect pension benefits after a spouse dies, the story says.

Gay marriages are allowed in in Massachusetts, California and Canada.

Legal counsel David Nocenti told the agencies that internal memos or policy statements may be enough to implement recognition of gay marriages, but in some instances regulatory changes may be needed.

The directive makes New York the first state that does not allow gay marriages to recognize such unions from elsewhere. It cites a state appeals ruling that required a community college to give an employee in a gay marriage the same health benefits as a heterosexual married person.

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