The purpose of this General Information System (GIS) message is to advise Local Departments of Social Services (LDSS) of new Medicaid eligibility policy regarding equal treatment and recognition of same-sex marriages that have been legally performed elsewhere.
A February 1, 2008 Fourth Department court decision in Martinez v. County of Monroe held that legal same-sex marriages performed in other jurisdictions are “entitled to recognition in New York in the absence of express legislation to the contrary.” Effective immediately, therefore, individuals who declare that they have been legally married in a jurisdiction that recognizes and performs same-sex unions must, regardless of gender, receive full faith, credit and comity as all other legally married persons when a district makes any Medicaid eligibility and case decision in New York State.
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