First same-sex divorce granted in NY State

Same-sex marriages are not legal in New York, but same-sex divorces are. The first such dissolution in Jefferson County occurred in December.

State Supreme Court Judge Hugh A. Gilbert granted a divorce to Dr. Daniel S. DeBlasio, a Watertown radiation oncologist, and Alan B. Tuttle, a Gouverneur artist, who had been legally married outside the state.

Judge Gilbert declined to discuss his ruling, although a source said he initially intended to tell the men they must get divorced where they were married. However, he made his decision based on a state Appellate Division, Fourth Department, ruling rendered in February 2008 that gave recognition to marriage between two women who were wed in Ontario, where same-sex marriages are legal.

Tuttle declined to comment to the Watertown Daily Times Tuesday. DeBlasio was unavailable for comment.

In the Appellate Division case, Patricia Martinez had married Lisa Ann Golden and applied to her employer, Monroe Community College in Rochester, for spousal health care benefits for Golden. The school denied the application.

Martinez sued the school in Supreme Court and her petition was dismissed, with the court declaring the marriage was not entitled to recognition within the state as the denial of benefits violated no state laws.

Martinez appealed the decision, contending that her Canadian marriage was entitled to recognition in New York, and the higher court agreed. The court ruled that marriages solemnized outside of the state have been recognized for “well over a century,” with two exceptions, neither of which applied to the Martinez-Golden marriage.

The appellate court — and Judge Gilbert — relied on New York’s reluctance to enact legislation pursuant to the federal Defense of Marriage Act that would deny “full faith and credit” recognition to same-sex marriages validly solemnized in other states. Only a handful of other states have chosen not to enact the full faith and credit legislation.

“The Legislature may decide to prohibit the recognition of same-sex marriages solemnized abroad,” the appellate court ruled. “Until it does so, however, such marriages are entitled to recognition in New York.” Gov. Andrew M. Cuomo has called for the legalization of same-sex marriages, and a Siena Research Institute poll released in January found that 57 percent of New Yorkers support making such marriages legal, while a Quinnipiac University poll released last week showed a similar 56 percent in support.