The Principle of Comity in New York State Marriages

In New York family law, questions concerning marriage recognition often arise when couples relocate to New York after marrying elsewhere. The landmark Court of Appeals decision in Godfrey v. Spano reaffirmed New York’s long-standing commitment to comity—the principle that the state generally recognizes the validity of marriages that took place in other states or countries. In this article, the Westchester County, NY, divorce lawyers at the Law Office of Robert S. Sunshine will discuss the case and how it applies to New York law.

Background of the case 

In the Godfrey case, two same-sex couples lawfully married in Canada. When they returned to New York State, their county executives announced conflicting policies. One (in Westchester County) determined that same-sex marriages validly performed elsewhere should be recognized for employee benefits, while another court (in Nassau County) determined that same-sex marriages should not be recognized.

In this case, the plaintiffs challenged the inconsistent policies, arguing that denying the recognition of valid foreign marriages violated both the marriage-recognition rule and constitutional guarantees of equal protection. The litigation reached the New York Court of Appeals during a time when same-sex marriage was not yet legal in New York, but was legal in other jurisdictions.

Understanding the court’s reasoning

In this case, the Court of Appeals reaffirmed the marriage-recognition rule: New York will recognize a marriage considered valid where it was performed unless (1) recognition would violate “positive law” (an explicit statute) or (2) the marriage is abhorrent to natural law and public policy.

This case drew on earlier cases, including the Matter of May’s Estate, 305 N.Y. 486 (1953), which recognized a Rhode Island uncle-niece marriage valid where it was performed. The court held that New York’s comity tradition demands broad respect for foreign marriages, even when they could not have happened in New York.

The importance of this case in New York 

Godfrey v. Spano was a major turning point for the New York courts. The case reinforced comity as a stable doctrine that was grounded in fairness, predictability, and respect for the legal acts of other jurisdictions. The ruling likewise paved the way for later decisions and legislative reforms that ultimately culminated in the Marriage Equality Act of 2011. This act formally legalized same-sex marriage in the State of New York.

The Court’s rationale has implications beyond the rights of same-sex couples. It reaffirmed that New York’s recognition of foreign marriages serves important legal and social purposes. Those include protecting families’ reliance interests, ensuring uniform treatment, and avoiding the uncertainty that could arise if marital status changed at each state line.

Talk to a Westchester County, NY, Divorce Lawyer Today 

The Law Office of Robert S. Sunshine represents the interests of Westchester County couples who are looking to divorce. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/new-york/court-of-appeals/2009/2009-08474.html