Unanimous New York Appellate Court rules that the state MUST recognize gay marriages solemnized elsewhere. Kentucky is SAFE!

In the opinion, the court stated that denying homosexual couples the same benefits (like health benefits) given to heterosexual couples amounted to discrimination based on sexual orientation in violation of state law, unless prohibited by "positive law" or "natural law".

Nothing to fear here in Kentucky, though, as a result of this ruling, especially as the Kentucky Legislature takes up the issue of domestic partner benefits at institutions of higher learning.

This is because unlike here in Kentucky, where there is a law CLEARLY prohibiting any recognition of same sex marriages, the state of New York has NOT taken advantage of the Defense of Marriage Act (DOMA), 28 USC section 1738C, to prohibit granting "full faith and credit" (FFAC) to such marriages.

I am unaware of any successful challenges to DOMA, and I STRONGLY opine that the U. S. Supreme Court will find the law constitutional, if presented with a case urging its unconstitutionality, in spite of what the plain text of FFAC implies.