News from California and New York

[JoAnnDallas]

New York to reconize same sex marriage preformed outside of state.

http://news.yahoo.com/s/ap/20080529/ap_ ... y_marriage

[DonnaT]

A legal marriage in any state is valid in any other state, according to the U.S. Supreme Court.

In 2004, then New York Attorney General Eliot Spitzer issued an opinion confirming that New York’s marriage recognition rule applies to marriages between same-sex spouses that are lawfully entered into in other jurisdictions. Between then and 2007, New York municipalities including New York City, Albany, Buffalo, Ithaca, Nyack, Rochester, and Brighton, as well as Westchester County, have similarly publicly confirmed that — consistent with the marriage recognition rule — these municipalities will respect marriages of same-sex couples validly performed outside the State.

On June 6, 2006, Westchester County Executive Andrew Spano issued Executive Order No. 3, which provided that “every department, board, agency, and commission of the County of Westchester under my jurisdiction (shall) recognize same sex marriages lawfully entered into outside the State of New York in the same manner as they currently recognize opposite sex marriages” with regard to extending benefits and rights to those couples.

On August 23, 2006, three purported Westchester County residents sued Spano, claiming that he did not have the right to issue the order. On November 30, 2006, Lambda Legal intervened in the case on behalf of Westchester County couple Michael Sabatino and Robert Voorheis, who married in Canada where same-sex couples may legally wed.

March 12, 2007, the New York Supreme Court held that County Executive Spano adhered to New York law in respecting out-of-state marriages of same-sex couples living in Westchester County.

[DonnaT]

A legal marriage in any state is valid in any other state, according to the U.S. Supreme Court.

The United States Supreme Court has said “[m]arriages not polygamous or incestuous, or otherwise declared void by statute, will, if valid by the law of the State where entered into, be recognized as valid in every other jurisdiction.” Loughran v. Loughran, 292 U.S. 216, 223 (1934).

[SilverLady(SO)]

Thanks for the ruling, Donna!

Please note the date of that Loughran ruling, folks . . . 1934 . . . which means that in over 70 years that ruling has yet to be overturned by another U.S. Supreme Court ruling, even given all the uproar in recent years about same-sex marriages.

Now you know why those in the religious wrong are so upset and fighting same-sex marriages (and subsequent adoptions by same-sex couples, gays, or lesbians) . . . they won't admit they're fighting a losing battle, because that would mean they're wrong, and Lawd knows they're *never* wrong. Yeah, right!

((Big Hugs))

- SL

[JoAnnDallas]

since California will start issuing same-sex marriage licenses on June 17, I expect a lot of New Yorkers will all of a sudden deciede to take vacation in California.

The United States Supreme Court has said “[m]arriages not polygamous or incestuous, or otherwise declared void by statute, will, if valid by the law of the State where entered into, be recognized as valid in every other jurisdiction.” Loughran v. Loughran, 292 U.S. 216, 223 (1934).

This is the loophole that a lot of states use to get around this law. Yes all states have to accept same-sex marriages performed outside the state unless the state passes a STATUTE which allows the state to say they are excepted.

[DonnaT]

Standing By Shannon
Shannon Minter argued in California's supreme court for my right to marry. I won't rest until he's protected in a trans-inclusive ENDA
By Jenni Olson
An Advocate.com exclusive posted June 11, 2008

My partner, Julie, and I were part of the overflow crowd watching the oral arguments of the California supreme court's same-sex marriage case at the San Francisco Main Library auditorium back in March. It was broadcast on California’s government public access channel, and let me tell you, it was like being at a sports bar for the Super Bowl -- people were cheering and hissing for two solid hours.

The superstar of the day, the man whose forceful eloquence and grace under pressure gave us all such a feeling of confidence that the court would indeed see the light on this issue, was National Center for Lesbian Rights lead attorney Shannon Minter.

Along with Chief Deputy City Attorney Therese Stewart and the many others who prepared the case and spoke to the justices that day, Shannon Minter helped earn all of us same-sex couples the right to marriage equality here in the state of California. (Like all good technorati queers, I blogged about it.)

On the afternoon the landmark May 15 ruling was announced, Julie and I brought our two daughters to the San Francisco LGBT Community Center to celebrate the victory with our community. Ask anyone who was there and they’ll tell you the thrill that went across the room as center executive director Rebecca Rolfe spoke the simple words “Welcome to the Lesbian, Gay, Bisexual, and Transgender Community Center” with the mindful, measured tone that allowed us all to feel the reality of a genuinely united LGBT movement. I’m talking especially about the "T" here.

As we stood there smiling and laughing and sharing happy, triumphant LGBT embraces with one another, I felt unable to fully express the depth of my gratitude -- to Shannon in particular.

But it wasn’t until a week later that a lesbian friend in the Castro pointed out to me (Me: Mr. Thoughtful Lesbian and Trans Ally) the crazy irony that a trans man had clinched the marriage equality victory for gay men and lesbians -- despite the fact that our community has not been exactly 100% unqualified in support of his rights. Of course, I’m referring to last year’s battle over the federal Employment Non-Discrimination Act (ENDA). When the time comes to fight for that bill in Congress again, I hope we can all come together and secure the version that also includes gender identity.

Think about it. How can it be that if Shannon chose to take his prodigious legal talents to any mainstream law firm in most parts of this country, despite his incredible abilities, he could be fired at any time simply for being trans -- and have no protection or legal recourse?

http://www.advocate.com/exclusive_detail_ektid55442.asp

[JoAnnDallas]

Found out that the City and county of San Antonio here in Texas has a Unique same-sex marriage law. No, two men or two women still can not get married in Texas BUT a woman and a post-op MtF TS can get married, even if by law the TS is a female. A little unkown fact is in this city and county, sex as far as the marriage cert. is concern is defind as the DNA of the person. Thus a woman who's DNA is female and a post-op MtF TS who's DNA is still male can legally get married. Same applies to a Man and a post-op FtM TS.

[DonnaT]

I believe all of Texas is that way, JoAnn. The result of a court decision.