New York Gov. David A. Paterson has told all state agencies that marriages of same-sex couples from other jurisdictions “should be afforded the same recognition as any other legally performed union.”
He failed, however, in his attempt to make all couples wearing Red Sox paraphernalia don pinstripes before being recognized, after a strongly worded memo from Massachusetts Governor Deval Patrick pointed out the Sox were ahead of the Yankees in the standings. A similar phone call from Toronto’s mayor closely avoided an international incident.
Looks like he won’t have much luck converting California fans, either (though a few Giants fans might consider it), but he will recognize the marriages of same-sex couples that will begin in the Golden State on June 17. In fact, there’s nothing now to stop New York citizens from traveling north or west to marry and then returning to their homeland, perhaps with illicit Blue Jays or Dodgers hats in their bags. Same-sex marriage for citizens of New York can’t be far behind, methinks (and Massachusetts would do well to permit out-of-state couples to marry in the Bay State).
Now comes the fun of lawsuits regarding interstate benefits, rights, divorce, custody, and the like, as the number of married same-sex couples reaches a critical mass. Let the games begin!
We are beginning to seriously consider a trip to California over the summer.
As an upstate New Yorker, Canada had beckoned to us- but the concept of being unable to divorce without residency had me fearful. I am a child of divorce- and though it’s unforeseen- I would not want to enter into something I could potentially not get out of in a reasonable enough manner.
Massachusetts does not provide for out of state marriage- so not a go for us.
But given NY State Gov Patterson’s assurances and the openness of California’s marriage law- this could work for us. The biggest issue will be- who will watch our 4 kidlets?
DivaJean wrote:
“The biggest issue will be- who will watch our 4 kidlets?”
Honeymoon at Disneyland?
Seriously, we got married in ’04 in Toronto. We joke that we’re defending the sanctity of marriage by being unable to divorce. But now that has probably changed, right? We should be able to divorce in any state that recognizes our marriage. (Although I think NY still doesn’t have no-fault divorce, an outdated situation that has yet to be fixed)
My question now (and we will ask our lawyer, who will probably be very busy this year!) is, am I now the legal parent of my son, who was born to my partner after we were married, but before this executive order?
And if I’m *automatically* his parent in NY, does that mean I *can’t* adopt him? Then what happens when we travel over the summer to a DOMA state? Back to being standby guardian/health care power of attorney/mommy’s roommate?
TCS: I’m not a lawyer, and I don’t know how things will work in CA, but I do know that in MA (and in NJ), where both moms will be put on the birth certificate when their child is born, the non-bio mom can still do a second-parent adoption–and that this is recommended for just the reasons you say.