State court allows government benefits for same-sex couples married elsewhere

ALBANY (AP) — New York's top court on Thursday rejected a Christian legal group's challenge to some government benefits provided to gay couples legally married elsewhere and now living in New York.

The court rejected an argument that same-sex marriage was akin to incest and polygamy but avoided declaring that gay couples are entitled to all the rights of other married couples.

In a 4-3 decision on the narrow question of benefits, the Court of Appeals did not address whether the state must recognize same-sex marriage but encouraged the Legislature to settle the issue. The case was pushed by the Alliance Defense Fund of Scottsdale, Ariz.

The court ruling noted that same-sex marriage isn't legal in New York under the state constitution. However, the constitution doesn't address whether New York can recognize a same-sex marriage legally performed in another state.

With Thursday's court decision, legally married same-sex couples will be entitled to public employee health insurance coverage and certain other benefits provided to heterosexual spouses.