While New York does not recognize same-sex ceremonies performed within the state, for now, they must acknowledge gay marriages performed elsewhere.  Patricia Martinez sued a Monroe County Community College in 2005 because it did not granting her same-sex benefits. The trial court ruled in favor of the county, but the appeal went in favor of the plaintiff. 

“Basically says that New York’s employers have to recognize out-of-state or out-of-country same-sex marriage licenses if they’re valid in the place where they were obtained,”said Stephen Hayford.

Hayford is with the Coalition To Save Marriage in New York. He says the high court is contradicting itself by not hearing this appeal. They ruled in favor of traditional marriage two years ago.

“It’s an issue of our state’s sovereignty.  Canada has decided to pass a same-sex marriage law.  New York state has not.” 

Hayford asks why New York should be subject to Canadian law.

“It’s not appropriate for Canada or anyone else to export same-sex marriage into New York and force New York employers to recognize something that our state legislature and our elected officials that we have put into positions of authority have not chosen to legalize.”

Brian Raum with the Alliance Defense Fund says all is not lost.

“There’s hope because they haven’t ruled on the Martinez case substantively, and we have three other cases pending, which could very well go contrary to Martinez.”

Monroe County can still appeal the ruling.