Professor Frank Gulino’s article, “After Godfrey v. Spano: Is New
York’s High Court Ready to Recognize Out-of-State Same-Sex Marriages?”, was just published in the New York State Bar Association Journal’s May 2010 issue. The formal citation is 82 N.Y. STATE BAR ASS’N J. 30 (May 2010).
In most of the nation, legally sanctioned marriage remains limited to the union of a man and a woman. But in five states – three of which share a border with New York – marriage between members of the same sex has been legalized, either by judicial ruling or by legislation. New York itself, though long at the forefront of legal innovation, has not sanctioned same-sex marriage judicially or legislatively. . . . In the wake of a decision handed down in late 2009, however, New York’s high court appears poised to recognize same-sex marriages legally contracted in other states.