New York lawmakers address gay divorce

The legislative history of a no-fault divorce bill that passed New York’s
Senate, then the Assembly, includes an Assembly memo that reaffirms New
York’s recognition of same-sex marriages from elsewhere and says that
married gay couples can divorce in New York. Gov. David Paterson signed
the bill Aug. 15.

The memo says: “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. … 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 … nor is it the intent of this
legislation to alter New York State’s policy to recognize out-of-state
same-sex marriages.”

New York is one of two states — the other is Maryland — that recognize
same-sex marriages that take place elsewhere even though gay couples
cannot get married in New York and Maryland. Same-marriage is legal in
Argentina, Belgium, Canada, Iceland, the Netherlands, Norway, Portugal,
South Africa, Spain, Sweden, Mexico City, Connecticut, Iowa,
Massachusetts, New Hampshire, Vermont and Washington, D.C.

By Rex Wockner