Statement by Empire State Pride Agenda Executive Director Alan Van Capelle

May 6, 2008 “We are very pleased that the New York State Court of Appeals has decided not to hear Martinez v. County of Monroe—a case where appellate court judges made it crystal clear in their unanimous decision that the state should continue its policy of respecting marriages of same-sex couples that are legally performed out of state.

Today’s action by New York’s highest court means that the state of the law remains the same.  Same-sex couples who have gone to places like Canada to get married, or have moved to New York from places like Massachusetts, will continue to be treated as the married couples they are here in New York. This is not only the right policy to protect same-sex couples and their children, but it is also consistent with the policy and practice of many public entities ranging from the New York State Retirement System to the New York State Department of Civil Service to localities like Albany, Buffalo, New York City, Rochester and Westchester County to recognize these marriages.

Despite today’s good news, the state of marriage for same-sex couples in New York is still unsettled. Until a law is passed by the New York State Legislature, there will always be the possibility that another court decision could undo Martinez v. County of Monroe and strip away from otherwise legally married same-sex couples all of the 1324 state-based rights and responsibilities that come with a marriage license in New York.  Besides, no loving, committed couple should ever have to leave their home state to make sure that their family has the protection and stability of marriage.

We therefore call upon the New York State Senate to do what the Assembly did last year in a bipartisan effort and pass the marriage bill so that Governor Paterson can follow through on his promise to then sign it into law”