NY Taxpayers Challenge Recognition of Canadian Same-Sex “Marriages”

A New York Supreme Court judge denied a bid by homosexual activists to dismiss a case questioning the state's recognition of same-sex "marriages" performed in Canada. Alliance Defense Fund (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

"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."

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