NEW YORK STATE -- Pat Martinez says her life the past four years has been like living in a snow globe. Just when she and her wife think everything has calmed down, someone comes along and shakes them up. Here’s Martinez’s reaction to the most recent shake from Governor David Paterson.
“To put it mildly, I did the Snoopy dance,” Martinez said. “I think that the Governor is being proactive. He just does not strike me as the kind of guy to sit around and wait for something to happen, which is kinda like my personality, too.”
Under the Governor’s directive, more than 1,300 New York statues and regulations will need to be revised to include same-sex couples like Martinez and Lisa Ann Golden, couples who were married in states and countries where same sex marriages are currently legal. Monroe County Executive Maggie Brooks points out that the directive was sent to state agencies only. She says Monroe county does not need to comply or respond to the Governor by the June 30th deadline.
In Western New York, Governor David Paterson's decision to recognize same-sex marriages is stirring up some controversy and lawmakers there say despite the directive, they're not planning to change the policy. But that's not going to dampen the spirits of one couple, who's been fighting an uphill legal battle for years. Leah George has more.
“We have a court decision that the Governor seems to be embracing as the new law for New York State,” Brooke said. “That doesn’t give much guidance to those of us who have taken an oath to uphold the laws of the State of New York. Who set the policy? Who establishes the laws? And until I have that answer I’m not about to change the policy in Monroe County.”
An attorney with the New York Civil Liberties Union says there is no grey area with this law. He says the state appellate court’s decision in February and the directive issues by the Governor are clear.
“This is a law that is over 100 years old. This is clarification of well established law and it was a 5-0 decision. I don’t know what part of 5-0 old law the executive is having trouble with,” said Gary Pudup.
Martinez says when she filed the initial lawsuit against Monroe County for denying her wife benefits four years ago, she never expected the court’s decision would be as far reaching as it is today. The Army veteran says she’s determined to continue the uphill march as long as the country she fought for to protect considers her and others like her separate and not equal.
“I’m willing to fight as long as I can,” Martinez said.
Monroe County did appeal to the state’s highest court. The court chose not to rule because damages in the case had not been established. The county has yet to decide if it will take the case back to the State Supreme Court, so the conflict surrounding legal recognition of same sex marriages in New York continues.