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 NY Court Strikes Down Gay Pension Ruling
by 365Gay.com Newscenter Staff
Posted: March 31, 2008 - 5:00 pm ET
(New York City) 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.
Duke Funderburke, 72, married his partner of 42
years, Brad Davis, 67, in October of 2004 in a ceremony in Ontario, Canada.
Funderburke was a teacher at the Uniondale Union
Free School District in Nassau County for over 20 years before retiring in 1986.
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.
In 2006 Lambda Legal filed a lawsuit on
Funderburke's behalf arguing that New York law requires government entities to
respect valid marriages performed out-of-state, including marriages of same-sex
couples performed in Canada.
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.
The court ruled against Funderburke and Lambda
appealed.
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.
While the department's agreement resolved the
pension issue itself, Lambda in its appeal argued that the lower court's
decision still technically stood and creates confusion about the status of the
couple's marriage and of State law.
The appeals court agreed.
"The decision from the appellate court
wipes the lower court ruling off the books," said Susan Sommer, Senior
Counsel at Lambda Legal.
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.
In 2006 the New York Court of Appeals, the
state's highest court, ruled that same-sex couples do not have a constitutional
right to marry. (story)
It said that the issue, however, could be taken up by the Legislature.
Last year, then-Gov. Eliot Spitzer became the
first governor in the country to introduce same-sex marriage legislation. (story)
The bill passed the Democrat-controlled Assembly
in June (story)
but Republicans who control the Senate have refused to consider the legislation.
©365Gay.com 2008
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