Decedent (male) was lawfully married in Canada to another male. The decedent’s brother challenged the will. The court held that the legislature’s failure to authorize same‑sex couples to enter into marriage in New York or require recognition of validly performed out‑of‑state same‑sex marriages could not serve as expression of public policy for State; thus, legislative action or inaction did not qualify as exception to marriage recognition rule in absence of express statutory prohibition, and the marriage would be recognized.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com