Paterson: Same-Sex Marriage Memo Does Not Change State Law
David Paterson says his recently publicized May 14 memo to state agencies—which ordered them to legally recognize same-sex marriages performed in other states—is not in any way a change to state law.
“The Legislature has not provided for marriage equality here in New York. I’m an advocate for it, but that’s not the reason that I came to this conclusion,” Paterson said this afternoon at a press conference in his Midtown office.
The directive extends legal rights to same-sex couples with respect to hospital visitations, burial wishes and property inheritance, among other areas. Paterson said this would have no monetary effect on the state or private sector.
“I am taking the same approach that this state always has with respect to out of state or marriages conducted [by] foreign governments outside of the state of New York. I am following the law as it has always existed,” Paterson said.
“You have to understand I have not interpreted this law any differently. What I am trying to do is accommodate the fact that if I didn’t take this action, I would leave this state open to lawsuits, I would leave the state treasury open to monetary damages and I would be discriminating against individuals who are coming here from other jurisdictions.”
When asked whether he could get Republican Joe Bruno to support the move, Paterson said, “I saw him yesterday and I haven’t been able to persuade him as yet. But it’s an election year, maybe the public will.”
- Poll
- Obama (D)
- McCain(R)
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- RCP Average
- 49.7
- 42.4
- Obama +7.3
- Candidate
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- Obama
- 55.9
- 36.7
- +19.2
- McCain
- 49.6
- 41.7
- +7.9
The Governor's actions are disgraceful. He knows full well that he is usurping the legislature. The matter has not yet been fully adjudicated by the courts as there is conflicting decisions in the 4 appellate districts. The case Martinez v. Monroe County was under appeal to New York’s top court, the Court of Appeals which dismissed the appeal on a technicality and sent the case back to the appeals court to decide on the issue of damages. Once this is complete, the appeal can be renewed. Furthermore, there is other similar case making their way to the top court. The Governor’s action was a political power grab which violates the separation of powers between the executive branch and the legislative branch. Why is he afraid of the people? If there is such strong support for homosexual marriage, put it to a referendum. Let the people decide.
People's civil rights should NOT be subject to a referendum. If they were, there still would be segregation in the Deep South.
People's civil rights should NOT be subject to a referendum. If they were, there still would be segregation in the Deep South.