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NY same-sex Massachusetts marriages upheld

Since New York’s Supreme Court barred marriage equality in a ruling last July, it left a legal loophole for those marriages performed in Massachusetts before that decision. A Superior Court judge has ruled that those unions made prior to that date must be recognized.

This should make Hillary squirm even further, since it’s her “home state.” It will raise the likelihood of more questions on this topic that she’ll have to answer.  (Advocate):

The marriages of more than 170 gay couples from New York who wed in Massachusetts before last July are valid because New York had not yet explicitly banned same-sex marriages, a Massachusetts judge ruled.

Couples are barred from marrying in Massachusetts if their marriages would be prohibited in their home states. The New York Court of Appeals ruled against same-sex marriages on July 6, 2006

The Gay & Lesbian Advocates & Defenders had asked for clarification of the status of New York couples who married in Massachusetts before that ruling. Massachusetts became the first state in the country to allow gay marriage in May 2004.

Suffolk Superior Court Judge Thomas Connolly ruled last week that those early marriages are legally valid.

…A spokesman for New York Attorney General Andrew Cuomo indicated that his office considers the marriages at issue valid. ”Since 2004, it has been the position of the attorney general’s office that New York law presumptively requires the recognition of marriages validly performed in other jurisdictions,” John Milgrim said. The opinion he cited came from Cuomo’s predecessor, Gov. Eliot Spitzer.’

Spitzer, now governor, has submitted a marriage equality bill.

Hat tip, Nancy.

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Pam Spaulding

Pam Spaulding

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