Two lesbians, married in Canada, living together in New York, want to divorce. What’s the problem? New York does not recognize gay marriage. The solution? Find yourself an activist judge:
“Donna M.” had argued her marriage to “Beth R.” should be declared void because New York doesn’t allow gay nuptials, but Drager disagreed.
“[T]his court’s decision [is] that out-of-state same-sex marriages are properly recognized under our law,” and therefore Beth R. can proceed with her divorce and custody action against mother of two Donna M., the ruling says.
Drager noted that there are only two exceptions where New York does not recognize an out-of-state marriage – if it is specifically named by the Legislature as prohibited or is “abhorrent to New York public policy.”
The Legislature hasn’t specifically outlawed out-of-state same-sex marriages, and “the abhorrence exception is so narrow that it has been applied only to marriages involving polygamy or incest,” the judge wrote.
Donna M.’s lawyer vowed to appeal.
“The judge’s decision was scholarly and well thought out, but it sets aside 200 years of decisional and statutory law in New York,” said her lawyer, Raoul Felder. “She wants to change the law. That’s something for the Legislature to do.”
Any real proper legal marrage is between one man and one woman>:d<