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05/08/2008

But must New Yorkers recognize out-of-state bias?

by Jeremy Hooper

Nunst054In regards to the news that New York state will continue to recognize same-sex marriages that were performed in other states, Focus on the Family's Bruce Hausknecht has a few thoughts. Unfortunately, "YAY! Fairness prevails! Mazel tov, gays!" is not the theme of his reaction:

Inexplicably, the high court is letting stand a ruling that says that New York essentially has no public policy regarding same-sex 'marriages' performed elsewhere,” he said. “It's ridiculous legal reasoning to insist that a state could recognize a type of ‘marriage’ from outside that it will not permit within the state. Yet that's exactly what the Court of Appeals has now done.

Hmm. You know what we find inexplicable? The fact that Mr. Hasknecht and friends ignore the facts in order to advance their bias! And you know what we find to be "ridiculous legal reasoning"? That the opposition would try and apply a different standard to same-sex couples than they do to heterosexual ones!

The truth? There is no state law preventing the recognition of out-of-state marriages. Not opposite-sex nuptials and not same-sex ones. The state has a history of recognizing marriages from other states, even when the couple wouldn't be eligible to get married under New York law (such as a marriage between two close relatives). And so by applying the century old "marriage recognition rule" to the out-of-state marriages of same-sex couples, NY state is not employing some cockamamie legal gymnastics. Instead, they are simply staying consistent with current policy.

The Empire State very well may pass marriage equality in the coming years. They're certainly very close. But the point here is that the state has NOT passed legislation specifically barring this out-of-state recognition. It's one thing for a court to say that it's up to the legislature to open up marriage to same-sex couples (as the state's highest court has indicated). It's quite another for a court to say that in the absence of a DOMA law or other measure that specifically hinders out-of-state recognition, the state must employ the same fairness for straight couples as they do gay ones. The former ruling does not invalidate the latter, no matter how dutifully (and duplicitously) our opposition attempts to muddy the waters of this situation.

New York Will Recognize Same-Sex ‘Marriages’ Performed Out of State [CitizenLink]

**SEE ALSO
: The Pride Agenda is looking into one New Yorkers bizarre ideas on marriage "sanctity."

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Your thoughts

Nice post, Jeremy. And I like the usage of "cockamamie." We don't get to see that word enough these days, I think. :)

Posted by: Jamie | May 8, 2008 10:16:44 AM

The "truth" has always been a matter of interpretation (or convenient revisionization) for those religious types.

Posted by: Dick Mills | May 8, 2008 10:26:40 AM

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