Labor & Employment Law

County Executive?s order recognizing same sex marriages held lawful

Margaret Godfrey asked the court to declare that Westchester County Executive Order No. 3 of 2006 was illegal, unconstitutional, and void. The Order directed all departments, boards, agencies, and commissions of Westchester County under the County Executive's jurisdiction "to recognize same sex marriages lawfully entered into outside the State of New York in the same manner as they currently recognize opposite sex marriages for the purposes of extending and administering all rights and benefits belonging to these couples, to the maximum extent allowed by law."

The Supreme Court ruled that the Order was a valid exercise of the County Executive's power, was not an illegal act, and did not violate the State Constitution or the Municipal Home Rule Law [Godfrey v Spano, 15 Misc.3d 809]. The Appellate Divisions affirmed the lower court?s determination.

The Appellate Division pointed out that Executive Order Number 3 simply required that ?that same-sex marriages be recognized to ?the maximum extent allowed by law? ? By its terms, therefore, the Executive Order can never require recognition of such a marriage where it would be outside the law to do so.?

Martinez v Monroe County Community College, 2008 NY Slip Op 0090, Appellate Division, Fourth Department, Decided on February 1, 2008, is another decision that addresses same-sex marriage.

The New York State Department of Civil Service recognizes same-sex marriage that is legal in the jurisdiction where it was performed for the purposes of eligibility for spousal benefits for NYSHIP health insurance State employees and the employees of participating employers.

Another case that addressed the Retirement System?s recognition of same-sex marriage is Godfrey v DeNapoli, 2007 N.Y. Misc. LEXIS 6589. The court affirmed the Comptroller?s decision to recognized same-sex marriage that with respect to members of the New York State Employees? Retirement System. Such recognition is significant as the surviving spouse of a NYSERS retiree may become eligible to receive certain benefits that are not available to a retiree?s non-spousal partner such as accidental death benefit awarded in certain situations and cost-of-living [COLA] adjustments to a retiree?s retirement allowance.

The Godfrey decision is posted in the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2008/2008_10584.htm

The Godfrey v DiNapoli decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2008/2008_28409.htm

The Martinez decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2008/2008_00909.htm

Full post as published by New York Public Personnel Law on January 13, 2009 (boomark / email).