03.31.08
NY Court Strikes Down Gay Pension Ruling
A New York appeals court has vacated the ruling of a lower court that a gay man was not entitled to spousal health insurance benefits even though he and his spouse were lawfully married in Canada.
When Funderburke requested that his retirement health benefits be extended to his spouse, just as benefits are extended to other married retirees, the school district refused.
Lambda cited legal opinions that were issued in 2004 by New York’s Attorney General and by the State Comptroller, both clearly saying that out-of-state marriages of same-sex couples must be recognized in New York.
During the appeals process, the Department of Civil Service agreed to extend benefits to same-sex spouses of public employees under the New York State Health Insurance Program, citing “legal and policy concerns” with its prior policy denying recognition
Even though New York State recognizes same-sex marriages performed in areas where they are legal, gay and lesbian couples cannot marry in New York.