N.Y. judge: Taxpayers have right to challenge state recognition of Canadian same-sex “marriages”
Court allows case challenging New York state comptroller’s recognition of same-sex couples “married” in Canada to move forwardALBANY, N.Y. — A New York Supreme Court judge denied a bid by same-sex couples to dismiss a case questioning the state’s recognition of same-sex “marriages” performed in Canada. ADF filed suit on behalf of New York taxpayers in 2006 seeking to block the state comptroller’s attempts to recognize of out-of-state same-sex “marriages.”
“The New York Court of Appeals has already decided that marriage is defined as one man and one woman,” said ADF Senior Legal Counsel Brian W. Raum. “The legislature never intended for the term ‘spouse’ to include same-sex couples ‘married’ in Canada.”
Under New York state law, taxpayers have the legal right to challenge any illegal action by a state official that expends state funds. In July 2006, another New York State Supreme Court judge ruled that same-sex couples “married” in Canada were not entitled to state insurance benefits under New York Civil Service Law.
The suit, Godfrey v. Hevesi, filed in 2006 by ADF attorneys on behalf of New York taxpayers, charges that the New York State Comptroller’s office acted illegally when it decided to recognize out-of-state same-sex “marriages” for purposes of retirement benefits (www.telladf.org/news/story.aspx?cid=3850).
A copy of the court decision denying the comptroller’s motion to dismiss in Godfrey v. Hevesi can be read at www.telladf.org/UserDocs/HevesiMTDdenied.pdf.
“This decision is in the best interest of our families and children,” Raum said. “New York officials, who answer to the taxpayers of the state, are not permitted to act illegally in order to satisfy the demands of radical groups seeking to redefine marriage.”
For more information on the battle to protect marriage, visit www.domawatch.org.
ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.
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