NY taxpayers appeal county executive's 'same-sex' recognition

NY taxpayers appeal county executive's 'same-sex' recognition

A citizen-initiated lawsuit is relying on rulings in both the Court of Appeals and Supreme Court of New York State as its legal justification for an appeal of litigation against a Westchester County executive who ordered county agencies to recognize out-of-state same-sex "marriages" for all county purposes.

Godfrey v. Spano was filed in 2006 on behalf of county taxpayers who alleged that Andrew Spano exceeded his constitutional authority by mandating recognition of same-sex couples married out-of-state. The petition cited state court rulings from July 2006 that established the legal definition of marriage as that between a man and woman, and denied state insurance coverage to a Canadian-origin same-sex couple based on that definition.

In March, a judge denied a preliminary injunction in the present case and dismissed it, so a notice of appeal has been filed by Margaret Godfrey and the other plaintiffs.

An attorney with Alliance Defense Fund (ADF), which is handling the appeal, points out that according to New York's highest court, only the Legislature has the ability to legally redefine marriage -- "not public officials who choose to act without authority under the law," says ADF senior legal counsel Brian Raum.