The Health Department of New York Gov. Pataki's administration is calling on Attorney General Elliot Spitzer to nullify the marriages between people of the same sex being performed today. However, New York marriage law makes no reference to the gender of the marriage applicants.
AG Spitzer has a good record on upholding the law and in recognizing the rights of lesbian and gay New Yorkers.
I encourage New Yorkers to write to him and encourage him to recognize the legality of these marriages:
http://www.oag.state.ny.us/online_forms/email_ag.jspSee article:
It's legal for gays to marry in New York
By LAWRENCE C. MOSS
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Unlike California law, New York's matrimonial law does not restrict marriage licenses to persons of the opposite sex, in the view of leading legal authorities.
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On the other hand, it is equally unlikely that once marriage licenses are issued that the Legislature would act to ban them. The New York State Democratic Party, in resolution adopted last September, has committed itself to supporting full marriage rights for same-sex couples. Given this official party position, the Democratically controlled Assembly should be able to resist any pressure to amend the law.
New York City has adopted an admirable domestic partnership law, but so far neither the mayor nor the City Council have called upon the city clerk to begin issuing marriage licenses to same-sex couples.
Unlike San Francisco, New York would be acting in accordance with current state law and constitutional principles by issuing marriage licenses to qualified same-sex couples. It is high time we do so.
http://www.nydailynews.com/news/ideas_opinions/story/164743p-144340c.htmlFor reference, here is New York state's Domestic Relations Law:
http://www.divorcesource.com/NY/CODE/contents.shtml