NYS insurers ordered to recognize same-sex marriages

The New York State overseerer of insurance companies has told companies they must treat legally married same-sex couples the same as they treat opposite-sex married pairs. Although state law does not permit gay marriage within New York State, a Rochester court ruled that valid out-of-state marriages of lesbian and gay couples must be recognized. The state's highest court upheld the ruling. In addition, Gov. David Paterson in June issued a directive instructing state agencies governing insurance and health care - to immediately change policies and regulations to recognize gay marriages performed in areas where they are legal. Nevertheless, some private insurers have declined to recognize same-sex marriages. In his directive to insurance companies operating in the state, Insurance Superintendent Eric Dinallo said legally married same-sex couples cannot be treated differently than other married couples. "Insurance is an essential part of our planning for daily life," Dinallo's directive said. "We expect insurance companies to provide the same rights and benefits to all legally married couples, regardless of the sex of the spouses … As Governor David Paterson has explained, this is consistent with the position the State historically has taken with respect to marriages conducted in jurisdictions outside of the State of New York." Large numbers of New York gay and lesbian couples have gone to Canada, Massachusetts and Connecticut where same-sex marriage is legal to tie the knot. LGBT rights groups are hopeful the incoming legislature will pass marriage equality legislation in the Empire State. Gov. Paterson has said he would sign the bill if it is passed. In 2006, the New York Court of Appeals, the state's highest court, ruled that same-sex couples do not have a constitutional right to marry. It said that the issue, however, could be taken up by the Legislature. A bill that would allow same-sex couples to marry in New York passed the Democrat-controlled Assembly last year but Republicans who then controlled the Senate refused to consider the legislation. November's election saw 40 years of GOP rule in the Senate come to an end. The marriage equality legislation likely will be reintroduced in 2009.