ADF attorneys seek appeal in NY same-sex “marriage” recognition suits

ALBANY, N.Y. — Attorneys with the Alliance Defense Fund filed documents Wednesday seeking to appeal separate lawsuits against New York officials for attempting to recognize out-of-state same-sex “marriages” in contradiction to state law.  ADF attorneys are arguing in Lewis v. New York State Department of Civil Service that the department illegally redefined the term “spouse” in order to extend marriage benefits to same-sex couples “wed” outside the state.  In Godfrey v. Spano, ADF attorneys argue that Westchester County Executive Andrew Spano illegally ordered county agencies to recognize out-of-state same-sex “marriages.”

“New York state and local officials should not recognize the laws of foreign jurisdictions when they conflict with state law,” said ADF Senior Legal Counsel Brian Raum.  “These officials have overstepped their authority in order to forward the agenda of special interest groups.”

On behalf of New York taxpayers, ADF attorneys filed suit in May 2007 against the Department of Civil Service in the New York Supreme Court for Albany County for directing all state agencies to recognize out-of-state same-sex “marriages” so that the “wed” couples could receive health insurance benefits.  ADF attorneys are alleging in the New York State Court of Appeals that the directive illegally replaces state law with laws from foreign jurisdictions at the expense of taxpayers and families who have not consented to it.

In August 2006, ADF attorneys representing Westchester County taxpayers filed suit against Spano to stop him from exceeding his constitutional authority by issuing an illegal order requiring county agencies to recognize out-of-state same-sex “marriages.”  The lawsuit challenging Spano’s order, which attempted to redefine marriage, was dismissed in March 2007, and the decision is now being appealed to the New York State Court of Appeals.

ADF-allied attorney Jim Trainor is serving as local counsel on the Lewis v. New York State Department of Civil Service case.

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith.  Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.