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Gay Marriages From Other States Recognized by NY Appeals Court
New York must recognize same-sex marriages conducted in other states, until another appeals court rules otherwise. This was held by the New York State Supreme Court, Appellate Division, Fourth Department, this past Friday, February 1, 2008.
The decision in Martinez v. County of Monroe arose out of Martinez's quest to obtain spousal health care benefits from Monroe Community College for Lisa Golden, whom she married in Ontario, Canada. There was no question that the marriage was legal where performed. And then they returned to New York.
In the absence of a New York statute forbidding same-sex marriage, the Court found no reason not to recognize the marriage. It held that the marriage "is entitled to recognition in New York State." Is this a silent invitation to the New York State legislature to pass a law deciding this issue one way or the other? Maybe.
After the lawsuit was started but before the court's decision, the college changed its health insurance policy to cover same-sex spouses. This gave rise to an interesting wrinkle in this case, for if Lisa Golden was getting health insurance anyway, what was there left to sue over? In legal terms we ask if there was any longer a "justiciable controversy." The Court said that there was, as the college would be liable for damages for the time period that it refused to give health insurance coverage to the plaintiff's spouse. We don't know if those damages are great or small. They might be the cost of Lisa Golden going to the doctor's office, or her out-of-pocket expense to purchase her own health insurance or whatever.
Thus, it seems that the court had a potential way out here if it wanted to duck the controversy entirely. It may have decided that since the college is now providing health benefits, there wasn't justiciable controversy so the lawsuit was "moot." Instead, the court waded in and addressed the gay marriage issue head-on, giving a favorable and enlightened reading to the facts before it. No cowards on this Appellate Division, Fourth Department panel.
Commentary: Gay advocates hail the decision as only a first step towards what they consider truly would be fair: permitting gay marriages in New York State. I and my lawyer friends look forward to the day when gay marriage is legal in New York; where there are gay marriages, there WILL be gay divorces.
Until another appeals court rules otherwise, New York must recognize same-sex marriages conducted in other states. So held the New York State Supreme Court, Appellate Division, Fourth Department this past Friday, February 1, 2008.
The decision in Martinez v. County of Monroe arose out of Martinez's quest to obtain spousal health care benefits from Monroe Community College for Lisa Golden, whom she married in Ontario, Canada. There was no question that the marriage was legal where performed. And then they returned to New York.
In the absence of a New York statute forbidding same-sex marriage, the Court found no reason not to recognize the marriage. It held that the marriage "is entitled to recognition in New York State." Is this a silent invitation to the New York State legislature to pass a law deciding this issue one way or the other? Maybe.
After the lawsuit was started but before the court's decision, the college changed its health insurance policy to cover same-sex spouses. This gave rise to an interesting wrinkle in this case, for if Lisa Golden was getting health insurance anyway, what was there left to sue over? In legal terms we ask if there was any longer a "justiciable controversy." The Court said that there was, as the college would be liable for damages for the time period that it refused to give health insurance coverage to the plaintiff's spouse. We don't know if those damages are great or small. They might be the cost of Lisa Golden going to the doctor's office, or her out-of-pocket expense to purchase her own health insurance or whatever.
Thus, it seems that the court had a potential way out here if it wanted to duck the controversy entirely. It may have decided that since the college is now providing health benefits, there wasn't justiciable controversy so the lawsuit was "moot." Instead, the court waded in and addressed the gay marriage issue head-on, giving a favorable and enlightened reading to the facts before it. No cowards on this Appellate Division, Fourth Department panel.
Commentary: Gay advocates hail the decision as only a first step towards what they consider truly would be fair: permitting gay marriages in New York State. I and my lawyer friends look forward to the day when gay marriage is legal in New York; where there are gay marriages, there WILL be gay divorces.
New York must recognize same-sex marriages conducted in other states, until another appeals court rules otherwise. This was held by the New York State Supreme Court, Appellate Division, Fourth Department, this past Friday, February 1, 2008.
The decision in Martinez v. County of Monroe arose out of Martinez's quest to obtain spousal health care benefits from Monroe Community College for Lisa Golden, whom she married in Ontario, Canada. There was no question that the marriage was legal where performed. And then they returned to New York.
In the absence of a New York statute forbidding same-sex marriage, the Court found no reason not to recognize the marriage. It held that the marriage "is entitled to recognition in New York State." Is this a silent invitation to the New York State legislature to pass a law deciding this issue one way or the other? Maybe.
After the lawsuit was started but before the court's decision, the college changed its health insurance policy to cover same-sex spouses. This gave rise to an interesting wrinkle in this case, for if Lisa Golden was getting health insurance anyway, what was there left to sue over? In legal terms we ask if there was any longer a "justiciable controversy." The Court said that there was, as the college would be liable for damages for the time period that it refused to give health insurance coverage to the plaintiff's spouse. We don't know if those damages are great or small. They might be the cost of Lisa Golden going to the doctor's office, or her out-of-pocket expense to purchase her own health insurance or whatever.
Thus, it seems that the court had a potential way out here if it wanted to duck the controversy entirely. It may have decided that since the college is now providing health benefits, there wasn't justiciable controversy so the lawsuit was "moot." Instead, the court waded in and addressed the gay marriage issue head-on, giving a favorable and enlightened reading to the facts before it. No cowards on this Appellate Division, Fourth Department panel.
Commentary: Gay advocates hail the decision as only a first step towards what they consider truly would be fair: permitting gay marriages in New York State. I and my lawyer friends look forward to the day when gay marriage is legal in New York; where there are gay marriages, there WILL be gay divorces.
Until another appeals court rules otherwise, New York must recognize same-sex marriages conducted in other states. So held the New York State Supreme Court, Appellate Division, Fourth Department this past Friday, February 1, 2008.
The decision in Martinez v. County of Monroe arose out of Martinez's quest to obtain spousal health care benefits from Monroe Community College for Lisa Golden, whom she married in Ontario, Canada. There was no question that the marriage was legal where performed. And then they returned to New York.
In the absence of a New York statute forbidding same-sex marriage, the Court found no reason not to recognize the marriage. It held that the marriage "is entitled to recognition in New York State." Is this a silent invitation to the New York State legislature to pass a law deciding this issue one way or the other? Maybe.
After the lawsuit was started but before the court's decision, the college changed its health insurance policy to cover same-sex spouses. This gave rise to an interesting wrinkle in this case, for if Lisa Golden was getting health insurance anyway, what was there left to sue over? In legal terms we ask if there was any longer a "justiciable controversy." The Court said that there was, as the college would be liable for damages for the time period that it refused to give health insurance coverage to the plaintiff's spouse. We don't know if those damages are great or small. They might be the cost of Lisa Golden going to the doctor's office, or her out-of-pocket expense to purchase her own health insurance or whatever.
Thus, it seems that the court had a potential way out here if it wanted to duck the controversy entirely. It may have decided that since the college is now providing health benefits, there wasn't justiciable controversy so the lawsuit was "moot." Instead, the court waded in and addressed the gay marriage issue head-on, giving a favorable and enlightened reading to the facts before it. No cowards on this Appellate Division, Fourth Department panel.
Commentary: Gay advocates hail the decision as only a first step towards what they consider truly would be fair: permitting gay marriages in New York State. I and my lawyer friends look forward to the day when gay marriage is legal in New York; where there are gay marriages, there WILL be gay divorces.
there is nothing gayer than a gay webmaster. or the gay affiliate forums... but this isnt the gay affiliate forum, it's the GAY WEBMASTER FORUM!
I feel used and dirrrrty after spending so much time at the gayest of gay, gay affiliate forums....
Buying Together Gay: Special considerations for the GLBT American Dream
The American Dream of home ownership usually demands some rather peculiar legal considerations for GLBT couples, since the law doesn’t treat GLBT couples with the same respect and consideration reserved for those who can waltz into any 24-hour chapel of love in Las Vegas and get legally married.
But Sin City recently passed a new ordinance that may curtail the hours for all-night marriage chapels, so who knows what might happen next? Maybe one of these years legislation will also end the 24-hour ban on GLBT marriages.
In the meantime, those GLBT couples thinking of buying real estate together may want to make some unique preparations in terms of information gathering and fact-finding, to learn as much about the process – and what to expect in the future – as possible.
Here are three things to ponder before taking the plunge into your share of the American Dream of home ownership:
1) Sharing payments:
If you are both planning to contribute equally to the transaction, there is more to consider than just the purchase price and monthly mortgage payments. You will need to divide the down payment, which can be up to 20 percent of the purchase price, and closing costs, which will likely be a few thousand dollars. And there are other incidental expenses such as mortgage insurance, homeowner’s insurance, and property taxes.
If you decide to pay unequal portions – for example, if one partner pays 60 percent and the other 40 percent – then you will want to have your attorney specify the ratio of ownership in the deed. Otherwise, most states will assume that you each own half. Dividing the property if you ever sell it or go your separate ways is much easier if you have proper legal documentation of your shared ownership interests.
In most states, a contract can be drafted that spells out the agreement between partners so that there is no confusion and other legal obstacles are easily overcome. The contract can be recorded at the courthouse, but if you prefer for it to remain private, that is also an option.
2) Applying for the mortgage:
When two people apply for a mortgage, the lender will check such things as credit history, income, and assets for both parties. If one of you has stellar credit but the other has had a recent bankruptcy, for instance, it could create problems with the loan. On the other hand, if both of you have great credit and substantial income, combining your track records may get you a lower interest rate or other perks.
So before you apply for the mortgage, get a good picture of your credit worthiness and other relevant financial information, so that you know your potential strengths and weaknesses in terms of borrowing power. While you’re at it you can gather all the various documents that a lender will request, such as income tax statements and pay stubs, so that when you are ready to apply for a loan the process will go smoothly and quickly.
3) Survivorship rights:
Perhaps the most significant property rights issue for gay and lesbian couples versus married couples in the USA has to do with survivorship rights. If two people own the same piece of real estate but are not legally married, the courts generally define the ownership as shared, but not subject to rights of survivorship. “Right of survivorship” means that when one of the people who shares ownership dies, legal ownership of the entire property passes automatically to the surviving partner. So gay and lesbian couples need to take steps on their own if they want to ensure that if one partner dies, the other partner will be able to keep the house and automatically inherit full ownership.
And although a Last Will and Testament can take a long time to execute, the document that is most commonly used by gay couples to ensure survivorship happens automatically, because it is not actually a will but is a special kind of property deed. If the deeds states that there is “Joint Tenancy with the Right of Survivorship”, the transfer of ownership will likely not have to go through probate court like a Last Will and Testament. Joint Tenancy with survivorship rights is not legal everywhere, but many states still honor it and it is a good option for GLBT couples.
Before shopping for a home, it is a good idea to seek out expert legal and financial advice. If you visit a bank or mortgage company, you can get plenty of information regarding loan options and mortgage application criteria. And by enlisting the help of an attorney who specializes in real estate law – and also has experience with the kinds of legal issues that are particularly important to gay and lesbian couples – you can take steps to ensure the protection of your real estate assets. Planning ahead will also give you and your partner extra peace of mind.
The American Dream of home ownership usually demands some rather peculiar legal considerations for GLBT couples, since the law doesn’t treat GLBT couples with the same respect and consideration reserved for those who can waltz into any 24-hour chapel of love in Las Vegas and get legally married.
But Sin City recently passed a new ordinance that may curtail the hours for all-night marriage chapels, so who knows what might happen next? Maybe one of these years legislation will also end the 24-hour ban on GLBT marriages.
In the meantime, those GLBT couples thinking of buying real estate together may want to make some unique preparations in terms of information gathering and fact-finding, to learn as much about the process – and what to expect in the future – as possible.
Here are three things to ponder before taking the plunge into your share of the American Dream of home ownership:
1) Sharing payments:
If you are both planning to contribute equally to the transaction, there is more to consider than just the purchase price and monthly mortgage payments. You will need to divide the down payment, which can be up to 20 percent of the purchase price, and closing costs, which will likely be a few thousand dollars. And there are other incidental expenses such as mortgage insurance, homeowner’s insurance, and property taxes.
If you decide to pay unequal portions – for example, if one partner pays 60 percent and the other 40 percent – then you will want to have your attorney specify the ratio of ownership in the deed. Otherwise, most states will assume that you each own half. Dividing the property if you ever sell it or go your separate ways is much easier if you have proper legal documentation of your shared ownership interests.
In most states, a contract can be drafted that spells out the agreement between partners so that there is no confusion and other legal obstacles are easily overcome. The contract can be recorded at the courthouse, but if you prefer for it to remain private, that is also an option.
2) Applying for the mortgage:
When two people apply for a mortgage, the lender will check such things as credit history, income, and assets for both parties. If one of you has stellar credit but the other has had a recent bankruptcy, for instance, it could create problems with the loan. On the other hand, if both of you have great credit and substantial income, combining your track records may get you a lower interest rate or other perks.
So before you apply for the mortgage, get a good picture of your credit worthiness and other relevant financial information, so that you know your potential strengths and weaknesses in terms of borrowing power. While you’re at it you can gather all the various documents that a lender will request, such as income tax statements and pay stubs, so that when you are ready to apply for a loan the process will go smoothly and quickly.
3) Survivorship rights:
Perhaps the most significant property rights issue for gay and lesbian couples versus married couples in the USA has to do with survivorship rights. If two people own the same piece of real estate but are not legally married, the courts generally define the ownership as shared, but not subject to rights of survivorship. “Right of survivorship” means that when one of the people who shares ownership dies, legal ownership of the entire property passes automatically to the surviving partner. So gay and lesbian couples need to take steps on their own if they want to ensure that if one partner dies, the other partner will be able to keep the house and automatically inherit full ownership.
And although a Last Will and Testament can take a long time to execute, the document that is most commonly used by gay couples to ensure survivorship happens automatically, because it is not actually a will but is a special kind of property deed. If the deeds states that there is “Joint Tenancy with the Right of Survivorship”, the transfer of ownership will likely not have to go through probate court like a Last Will and Testament. Joint Tenancy with survivorship rights is not legal everywhere, but many states still honor it and it is a good option for GLBT couples.
Before shopping for a home, it is a good idea to seek out expert legal and financial advice. If you visit a bank or mortgage company, you can get plenty of information regarding loan options and mortgage application criteria. And by enlisting the help of an attorney who specializes in real estate law – and also has experience with the kinds of legal issues that are particularly important to gay and lesbian couples – you can take steps to ensure the protection of your real estate assets. Planning ahead will also give you and your partner extra peace of mind.
I think ive peaked toooo soon. someone give me a mutha fucking bottle of poppers - essential kit at the gay affiliate forum.
60 minutes of this shit to go!?
60 minutes of this shit to go!?
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