Saturday, August 14, 2010

NY Enacts No-Fault Divorce for
Gay Married Couples

This fascinating news comes from my friend veteran community organizer and blowhard (a phrase of honor in this case!), Andy Humm, of New York City. I like him personally, and respect his decades of ceaseless advocacy, plus he has a wealth of knowledge about our history, and our enemies and friends, and wish he would get a blog. Andy is one queer person who should have started a blog long ago.

From the Humm Wire:

Same-sex couples can't get a marriage license in New York, but they have been recognized as married for all purposes private and public (except federal, of course, and in the case of state taxes because a narrow reading of the tax law by the state department of taxation and finance).

But even though the Senate voted against a bill opening marriage to same-sex couples, it passed the Assembly bill on no-fault divorce that includes explicit reference to same-sex married couples:

The operative graf:

It is the intent of this legislation to grant full recognition and respect to valid marriages of same-sex couples to obtain relief under New York State laws and in New York's courts. While the Domestic Relations Law uses the terms "husband and wife" in some places and "plaintiff and defendant" in others, in using the terms "husband and wife", it is not the intent of this legislation to preclude access to relief under the Domestic Relations Law by same-sex couples with valid marriages performed outside the state.

Current New York law, written to apply to "husband and wife," has been properly interpreted by New York courts to allow relief for same-sex couples with valid marriages.

It is not the intent of this legislation to alter the interpretations of this case law including Martinez v. County of Monroe. 50 A.D.3d 189, 850 N.Y.S.2d 740 (4th Dep't 2008), Beth R. V. Donna M., 19 Misc. 3d 724, (Sup. Ct., N.Y. County 2008), and C.M. v. C.C., 867 N.Y.S.2d 884, (Sup. Ct., N.Y. County 2008), nor is it the intent of this legislation to alter New York State's policy to recognize out-of-state same-sex

Hey Andy, it's not too late to sign up with for a free soapbox. And thanks for passing this info along.

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