NYLJ: Granting Divorce, Judge Backs N.Y. Recognition Of Same-Sex Marriages Contracted in Other States

Supreme Court, Suffolk County, I.A.S. Part 20

Family Law
Granting Divorce, Judge Backs N.Y. Recognition Of Same-Sex Marriages Contracted in Other States
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In the case before the bar, the parties’ were validly married in Connecticut and have satisfied the residency requirements necessary in order to obtain a divorce in New York . At this point, the New York Legislature has not expressly prohibited the recognition of valid out-state same-sex marriages in New York. The absence of express legislation prohibiting out-of-sate same-sex marriages, case law and the prevailing public policy towards same-sex partners in the State of New York compels this court to recognize the parties’ marriage.

CONCLUSION

Therefore, it is ineluctable that this court recognize the parties’ marriage duly solemnized in the State of Connecticut based upon the Full Faith and Credit Clause of the United States Constitution, the legal doctrine of comity and this State’s long standing common law marriage recognition rule. As a consequence of this recognition, this court grants the plaintiff the Judgment of Divorce submitted to the court for signature.

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