NY’s Domestic Partner Benefits Challenged

The recent policy change in New York which grants health benefits to spouses of gay and lesbian state workers has been challenged in a mid-level appeals court.  Opponents claim it was a fundamental change in social policy that only lawmakers can enact.

Brian Raum, a attorney representing four upstate taxpayers said, “That (benefits) may change in New York, but it has to be left to the democratic process.” The lawyer also stated the governor does not have the authority to make changes which are “completely at odds” with laws and policies already in place.

The policy, which was initiated in May 2007 under former Governor Elito Spitzer affects spouses of state and municipal workers who married in Canada, Massachusetts, California and other places where same-sex marriages are legal.

Raum, who is also a senior counsel for the Christian-based Alliance Defense Fund, claimed the governor was wrong to enact the policy because by law, the only marriages that can be performed legally in the state are between a man and a woman.

“To change the fundamental components of marriage would be at odds with the policy of the State of New York,” Raum said. He argued the state Constitution does not give the governor that power.