Same-Gender Marriage Developments
07/11/2006As predicted in our June 29, 2006 On the Subject, New York’s highest court weighed in on the issue of same-gender marriage on July 6, 2006. Much to the surprise of gay rights advocates, the New York Court of Appeals, in a 4-2 decision, refused to recognize same-gender marriage. The court found that the legislature had rational grounds on which it could have chosen to restrict marriage to couples of the opposite sex.
This decision shifts the same-gender marriage debate back to the legislature and the race for governor of New York. The gubernatorial candidates are split on the issue of same-gender marriage. New York Attorney General Eliot Spitzer, the current frontrunner, has said that he would draft and propose legislation to legalize same-gender marriage in the state of New York. Attorney General Spitzer previously authored an opinion that New York will recognize same gender marriages validly performed in other states.
Also on July 6, 2006, the Georgia Supreme Court reversed a lower court decision and reinstated its constitutional amendment banning same-gender marriage. The amendment, which had been adopted by voters in the 2004 election, had been struck down by a lower court on grounds that it impermissibly addressed more than one issue, including civil unions.
For more details on the employee benefits issues related to same gender marriage, please see “Same-Gender Marriage Developments Force Benefit Plan Sponsors to Reconcile Conflicting Messages,” July 11, 2006 or contact your regular McDermott Will & Emery lawyer.
