Same-sex marriages cannot be legally performed within the State of New York. However, New York courts have, for certain purposes, recognized the validity of same-sex marriages performed in other jurisdictions where such marriages are legal. Under the full faith and credit clause of the United States Constitution, New York must recognize (with narrow public policy exceptions1) the validity of marriages legally performed in other states. The judicial doctrine of comity extends this principle of equal treatment to marriages that have been legally performed in foreign countries.
The equal treatment afforded to same-sex marriages under the doctrines of full faith and credit and comity is consistent with New York’s broad general policy of supporting and promoting the institution of marriage, even in those cases where the marriage could not be legally performed within the state, provided there is no strong public policy reason to refuse to recognize such a marriage. The recognition of the validity of same-sex marriages performed outside the state effectively extends the benefits of many New York laws to such spouses.
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