ADF Sues New York Over Pension Benefits for Gays

The ADF has filed suit in state court in New York over the state's public employee pension fund recognizing gay marriages performed elsewhere.

In 2004, NY Attorney General Elliot Spitzer issued a legal opinion stating that the New York is obligated to recognize same-sex marriages performed in areas where same-sex marriages are legal.

New York State Comptroller Alan G. Hevesi followed that with a directive that the New York State Retirement System would respect legal out-of-state marriages between same-sex couples for the purposes of pension benefits.

The ADF is arguing that since the state Supreme Court of New York has upheld the state's ban on gay marriage, any recognition of gay marriages from out of state for any purpose is illegal. Whether that's a winning case in court really depends on the exact ruling, which I've not bothered to read in any detail.

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