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N.Y. Judge Grants Divorce to Lesbians Wed in Massachusetts
New York Law Journal
October 24, 2008
A Manhattan judge has ruled that a same-sex couple wed in Massachusetts can obtain a divorce in New York.
Concluding that the divorce action could proceed between the two women, who were New York residents at the time of their August 2005 marriage, Supreme Court Justice Rosalyn Richter cited Martinez v. County of Monroe, 50 AD 3d 189 (4th Dept. 2008), and Beth R. v. Donna M., 350284/07, in which New York courts recognized same-sex marriages contracted in Canada.
The judge also noted that her decision was consistent with recent "political developments," including Gov. David A. Paterson's May directive that state executive-branch agencies recognize same-sex marriages solemnized outside of New York.
However, noting the mobility of today's society, Richter wrote that ultimately the right of parties married in another state to enforce their union rested upon the full faith and credit provision of the state Constitution and the doctrine of comity.
The judge found "no reason to carve out a unique exception for the parties here" simply on account of their gender or sexual orientation. Nancy Chemtob of Chemtob Moss Forman & Talbert who represented the couple, said the decision marks the first time a New York judge has afforded full faith and credit to a same-sex marriage that took place in the United States.
