Married gay couples entitled to benefits, NY court rules

November 20, 2009, 4:02pm

ALBANY, New York (AP) – New York's top court ruled Thursday that gay couples legally married elsewhere are entitled to some government benefits, boosting stalled legislative efforts to legalize same-sex marriage in the state.

The Court of Appeals rejected a Christian legal group's argument that same-sex marriage was akin to incest and polygamy, although the court avoided declaring that gay couples are entitled to all the rights of other married couples.

The 4-3 decision was on the narrow question of benefits; the court did not address whether the state must recognize same-sex marriage but encouraged the Legislature to settle the issue.

The Scottsdale, Arizona-based Alliance Defense Fund, which challenged the benefits, said it was disappointed that the court chose not to rule on the rules of what it calls “counterfeit marriages.”

“In New York, the only relationship recognized as marriage is the committed union of a man and a woman,'”said Brian Raun, senior counsel for the group. “State and local officials should not attempt to use marriage laws from outside jurisdictions to place their political agendas ahead of the law.”