New York

New York Court Rules Some Same-Sex Couples Entitled to Benefits

Yesterday, the New York State Court of Appeals rejected the right-wing Alliance Defense Fund’s challenge to two local and state policy determinations that had the effect of extending benefits to the same-sex spouses of government employees who were married outside of New York. The 4-3 decision did not address whether the New York must recognize same-sex marriage or declare that same-sex couples are generally entitled to the rights of other married couples.

From The New York Times:

The state’s highest court on Thursday upheld policies giving some government benefits to same-sex couples who are legally married outside the state, but did not rule on whether gay marriage should be legal in New York, leaving that issue for the Legislature to decide.

Though the majority in the 4-to-3 decision focused its decision on the narrow question of benefits, the three judges in the minority went further and said the court should have upheld the policies because same-sex marriages legally performed in other states deserved to be recognized in New York.

This comes just as the State Senate is poised to vote on legalizing same sex marriage. Again from the Times:

Advocates have been pressing the Senate to at least vote on the matter, forcing lawmakers to make their positions known and ensuring a passionate debate on the floor. Alan Van Capelle, executive director of the Empire State Pride Agenda, seized on the court’s urging the Legislature to act.

“The Court of Appeals was unusually explicit in its ruling today,” Mr. Van Capelle said. “We agree and eagerly anticipate a debate and vote on the marriage bill in the State Senate. Full recognition of the rights of gay couples is imperative.”

Perhaps the Alliance Defense Fund should spend less time finding ways to hurt innocent people. When victory for you is stripping people of their health insurance, it may be time to question your mission.

PFAW

NY State Senate Democratic Leader: "Real reform should not ever include limiting civil rights"

We are suspending negotiations, effective immediately, because to do so otherwise would reduce our moral standing and the long-term Senate Democratic commitment to reform and to change.  We believe that ultimately, we must do what is right for the people of the State of New York. Furthermore, real reform cannot and should not ever include limiting the civil rights of any New Yorkers. Those issues must be part of the legislative process.

                        -- NY State Senate Democratic Leader Malcolm A. Smith

From Newsday:

ALBANY, N.Y. - Senate Democratic leader Malcolm Smith said Wednesday any deal with three dissidents to secure his party's hold on the chamber majority is officially off.

Smith said he has the support of the Democratic Caucus and has ceased negotiations with the three, Sen. Ruben Diaz Sr. and Sen.-elect Pedro Espada Jr., both of the Bronx, and Sen. Carl Kruger of Brooklyn. Their support would give the party a 32-30 majority beginning Jan. 1 after decades of Republican control.

"We're prepared to wait if we have to to come into the majority," Smith said. He was flanked by senators Neil Breslin of Albany and Liz Krueger of Manhattan when he made the announcement.

Smith said the three renegades were motivated by "personal interests." He also said he wouldn't subject civil rights issues to negotiation, referring to a proposal backed by many Democrats to legalize gay marriage.

I've read more reports and looks like what was happening was three senators holding the Democratic majority hostage for their own interests, and in the process, not just obstructing the potential for marriage equality, but an entire progressive agenda which has been blocked for years by a Republican-controlled New York Senate. Even if this means the Democrats lose the majority they won in last month's election, it was the so-called "Gang of Three" who were really trying to thwart the will of New York voters.

PFAW

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