I guess it's been a while since I posted here. I've had a lot going on in my personal life, so I hope y'all will forgive me.
Without further adieu...
Hevesi Plans “Vigorous Defense” of Retirement System Recognition of Canadian Same-Sex Marriages After Conservative Group Files Lawsuit
State Comptroller Alan G. Hevesi said today that he would undertake a strong defense of the State Retirement System’s recognition of Canadian same-sex marriages after the Alliance Defense Fund (ADF) filed suit against the Comptroller’s office to halt the practice.
The Comptroller’s office administers the New York State and Local Retirement System (NYSLRS), which includes 334,000 retirees and 648,000 current employees. In response to an October 2004 inquiry from a state employee who was contemplating marriage in Canada to his same-sex partner, it was determined that such marriages would be recognized by the Retirement System under the principle of comity, a legal doctrine which has been followed by New York State for many years.
Surviving spouses of NYSLRS retirees can potentially receive certain benefits that are not provided for non-spousal partners: An accidental death benefit awarded in certain situations and a cost-of-living adjustment to monthly pension payments.
“We plan a vigorous defense because the law is clear: In New York State, we recognize marriages that have been conducted in Canada in accordance with Canadian laws – and that now includes same-sex marriages,” Hevesi said. “I have for many years believed that lesbians and gay men should have the right to marry in New York. But our October 2004 decision was a strictly legal determination based upon statutes and case law, not on my personal opinion.”
ADF brought the suit in State Supreme Court in Albany County. The named plaintiffs in the case are four residents of Westchester County. According to its website, ADF provides case funding, strategy and coordination, attorney training, and litigation to oppose efforts to legalize same-sex marriage, to keep abortion legal and other issues.
The NYSLRS includes state employees and retirees as well as employees and retirees from local governments throughout New York State, not including New York City. The State Comptroller is the sole trustee of the NYSLRS and the $140 billion Common Retirement Fund.
Click here for the October 2004 letter from the Retirement System to the state employee who was contemplating marriage in Canada to his same-sex partner, in which the determination that such marriages would be recognized by the NYSLRS is outlined.
This is the retirement system that I am a part of and, in 2004 when Mr. Hevesi announced that Canadian marriages would be recognized for this retirement system, we were all jubilant.
The ACLU (NYC types) is contemplating dropping our case for fear of "making bad law" if we lose. I reminded them that all the rulings the Lovings received in their case prior to the Supreme Court decision in Loving v Virginia was "bad law" as well. But if we just retreat for fear of creating "bad law," then how do we get the bad laws changed?
If you ask me, this case against Hevesi and the NYS Retirement System could generate "bad law," which will have serious implications for all GLBT members of the system.
And then these nutcases divert the blame and attention to us, saying that "Christianity is under attack." No, it's the other way around -- Christianity is attacking us. Or rather, some folks that forgot what REAL Christianity is are attacking us.
