Martinez v. County of Monroe

Martinez v. County of Monroe

Martinez v. County of Monroe (50 A.D.3d 189; 850 N.Y.S.2d 740) is a judgment of the Supreme Court of the State of New York which established that a same-sex marriage performed in another state must be recognized by the state of New York. It was decided on February 1, 2008. This was the first court decision that an out-of-state same-sex marriage must be recognized by a state.

In the case, Patricia Martinez, an employee of Monroe Community College in Monroe County, New York married her same-sex partner in Ontario, Canada. She then applied for health benefits based on her marriage and was denied. The court held that because New York has always recognized out of state marriages of opposite-sex couples, it must do so for same-sex couples as well.

On May 6, 2008, the New York Court of Appeals – the State’s highest court – dismissed Monroe County’s application for leave to appeal.[1] The Court of Appeals is reported to have refused leave to appeal because the issue of damages between the Martinez family and Monroe Community College had not been resolved.[2]

See also

References

  1. ^ http://s3.amazonaws.com/attachments.readmedia.com/f7ddc99a44416ccf1a82706ba0e56a32.doc
  2. ^ http://www.rochestercitynewspaper.com/news/articles/2008/05/GAY-MARRIAGE-Technicality-delays

External links


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