Times Union reported. " /> Court Grants N.Y. Power to Annul Civil Union | News | The Advocate
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Court Grants N.Y. Power to Annul Civil Union


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In a groundbreaking ruling, the New York supreme court appellate division has held that the state has the power to annul a civil union established in another state, the Times Union reported.
 
"This is an important ruling," said Thomas W. Ude Jr., staff attorney for Lambda Legal, who filed a brief in support of plaintiff Audrey Juanita Dickerson. "A different ruling here would leave the persons legally entangled with each other and people have to move on with their life."

Two Schenectady county residents, Dickerson and Sonya Denise Thompson, traveled to Vermont in 2003 to enter into a civil union. Three years later, the couple separated and Dickerson went to Vermont to get the union annulled, only to be told she needed to live in the state for a year before she was eligible to apply.

Dickerson then asked for an annulment from the Schenectady County supreme court in 2008 and was denied because the state had no legal framework to recognize a legal relationship between same-sex partners or to dissolve the unions.

Thursday's ruling is a result of an appeal by Dickerson.

"Today, the public policy of our state protects same-sex couples in a myriad of ways,'' justices wrote in their decision. ''Two provisions of the Public Health Law define a domestic partner to include one who is 'formally a party in a domestic partnership or similar relationship with the other person, entered into pursuant to the laws of the United States or of any state, local or foreign jurisdiction."

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Reader Comments
  • Name: Sam B.
    Date posted: 3/21/2010 4:20:30 AM
    Hometown: Menlo Park

    Comment:

    Thank you, James. Yes, it *IS* a beautiful document, along with the Constitution of the United States. Some of us feel towards those two documents the way some people feel about the Bible. They are words to live by. They are alive - and they need to be exercised. We need our leaders to step up and make good on their pledges to uphold and defend those documents.

  • Name: Etaoin Shrdlu
    Date posted: 3/20/2010 11:24:53 PM
    Hometown: Farmington, New York

    Comment:

    Dear Franz and Dave: Dave's answer to your question (Franz) is basically correct. It would be interesting to see how the Appellate Division got around the precise legal problem. My guess is that they chose to regard Civil Unions as a form of contract, which New York would have authority to modify or abolish under Common Law contract principles. I'd really like to read the decision, though. Too bad the Advocate didn't provide a link to it (assuming one is available).

  • Name: Etaoin Shrdlu
    Date posted: 3/20/2010 11:20:37 PM
    Hometown: Farmington, New York

    Comment:

    Dear James: What's to discuss? Well, only the fact that the Declaration of Independence (noble document that it is) has never been part of American law? Remember slavery? Well, then, for almost the first 80 years of its existence the U.S. engaged in a MASSIVE denial of equality to "all men". That doesn't make it right, of course, just legal.

  • Name: James
    Date posted: 3/20/2010 2:59:29 PM
    Hometown: Vancouver, Canada

    Comment:

    Being gay from Canada I watch in amazement at the inner struggle of the US states and the US federal government as argues about giving gays/lesbians the basic freedom of "ALL CREATED EQUAL AS" as stated in the original declaration of independence. The Declaration of Independence is a fabulous document. Follow it. It's clear. Everyone is equal. End of story. Whats to discuss??

  • Name: Dave
    Date posted: 3/20/2010 3:29:01 AM
    Hometown: Austin

    Comment:

    Its because New York doesn't have any laws allowing same sex couples to marry/form partnerships - New York only elects to recognize those relationships when they've been conducted in places where there is a legal framework to marry/partner. Thus it was necessary for the court to establish that the state must provide a manner to dissolve the marriage/partnership when the parties desire to do so.

  • Name: Franz
    Date posted: 3/19/2010 8:35:37 PM
    Hometown: Seattle

    Comment:

    God this is confusing, so with gay and lesbian partners, if they can be legally partnered they have to have a separate law to be able to separate if they come from another state. So the state can not protect you partnership but also not allow you to legally separate???? You see this is just STUPID. I'm from Seattle and I was excited about Referendum 71, and got a partnership, but I was incensed at the fact that an whore and dumbass (using those for men and women) can walk in a courthouse and be married after fucking in the car behind a bar a week ago and I have to deal with the state apparatus.



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