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ALBANY, N.Y. (AP) Same-sex partners of New York state government workers who get married in Canada qualify for the same pension benefits as heterosexuals, state Comptroller Alan Hevesi has determined. Hevesi cited a 1980 ruling by the state's highest court, coupled with an advisory opinion issued earlier this year by state Attorney General Eliot Spitzer. The New York state retirement system covers nearly 1 million current and former government employees. Hevesi is its sole trustee. An advocacy group, the Empire State Pride Agenda, said the retirement system is the first government entity in New York state to recognize same-sex marriages as legally identical to marriages between heterosexuals.
"It also happens to be the pro-family thing to do," said Alan Van Capelle, the group's executive director. The courts of six Canadian provinces or territories have issued rulings allowing same-sex marriages. British Columbia, Ontario and Quebec permitted gay marriages in 2003; the Yukon territory followed in July and Manitoba and Nova Scotia last month. In the United States, same-sex marriage is legal only in Massachusetts. Hevesi said his ruling does not apply to Massachusetts gay marriages. He said those marriages involve legal issues between two or more states that will ultimately be decided by the courts. Hevesi's ruling, dated Oct. 8 and released Wednesday, came after an inquiry by state employee Mark Daigneault, who said he's been with his partner for 13 years and has two children. "I think it's a wonderful thing," Daigneault said. "I am very excited. It certainly is going to provide more protection for my family and my two children." Daigneault said he and his partner have not yet gone to Canada to be married. Dennis Poust, a spokesman for the state Catholic Conference, said the state's Roman Catholic bishops are worried Hevesi's decision "will be one more piece of evidence to bolster the legal case for anyone bringing suit to challenge the state's marriage laws." "This could help pave the way for same-sex marriage in New York state," Poust said Wednesday. |