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The North
Country Gazette
State Retirement
Recognizes Valid
Same Sex Marriage
From
northcountrygazette.org on the Web, September 16, 2007
ALBANY, Sept. 12 -- The New
York State and Local Retirement System would recognize same-sex marriages
validly conducted in any jurisdiction where they are legal, state comptroller
Thomas DiNapoli said Wednesday.
DiNapoli’s announcement follows the State Supreme Court’s decision this week to
dismiss a lawsuit challenging the Retirement System’s recognition of Canadian
same-sex marriages.
DiNapoli’s announcement came in response to a letter from a state employee who
is considering marriage to her same-sex partner. Previously the Retirement
System recognized same-sex marriages conducted in Canada. The State
Supreme Court this week rejected a lawsuit challenging the Retirement System’s
recognition of Canadian same-sex marriages.
“This is a great day for New Yorkers who believe in fairness and equality,”
DiNapoli said. “The Courts have ruled. The law is clear, and it’s
not just Canada. New York State recognizes any marriage that has been
conducted in accordance with the laws of other states and countries –- and that
includes same-sex marriages.”
The State Comptroller’s office administers the Retirement System, which includes
more than one million employees and retirees. In October 2004, the
Retirement System recognized same-sex marriages conducted in Canada under the
principle of comity, a legal doctrine that has been followed by New York State
for many years.
In September 2006, the Alliance Defense Fund (ADF) filed a lawsuit (Godfrey
v. DiNapoli) against the Retirement System to halt recognition of same-sex
Canadian marriages. In his ruling this week dismissing the lawsuit, Acting
Supreme Court Justice Thomas J. McNamara held that “the determination by the
Comptroller to recognize same-sex marriages performed in Canada, in accordance
with the laws of that jurisdiction, is consistent with New York law regarding
the recognition of marriages performed elsewhere.”
Surviving spouses of the Retirement System retirees may receive certain benefits
that are not provided for non-spousal partners, including an accidental death
benefit awarded in certain situations and a cost-of-living adjustment to monthly
pension payments.
Lambda Legal was also added to the lawsuit by Judge McNamara on behalf of
certain same-sex spouses who could be impacted by the determination.
Lambda Legal is a national organization advocating for the civil rights of
lesbians, gay men, bisexuals, transgender individuals and people with HIV.
DiNapoli thanked Lambda Legal for their legal assistance in this matter.
The Retirement System one million members include state employees and retirees
as well as employees and retirees from local governments throughout New York
State, not including New York City employees. The State Comptroller is the
sole trustee of the Retirement System and the $154.5 billion Common Retirement
Fund.
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