Although state law does not permit gay marriage within New York State, a Rochester court ruled that valid out-of-state marriages of lesbian and gay couples must be recognized. The state’s highest court upheld the ruling.

In addition, Gov. David Paterson in June issued a directive instructing state agencies governing insurance and health care – to immediately change policies and regulations to recognize gay marriages performed in areas where they are legal.

Nevertheless, some private insurers have declined to recognize same-sex marriages.

In his directive to insurance companies operating in the state, Insurance Superintendent Eric Dinallo said legally married same-sex couples cannot be treated differently than other married couples.

“Insurance is an essential part of our planning for daily life,” Dinallo’s directive said.

“We expect insurance companies to provide the same rights and benefits to all legally married couples, regardless of the sex of the spouses … As Governor David Paterson has explained, this is consistent with the position the State historically has taken with respect to marriages conducted in jurisdictions outside of the State of New York.”

Large numbers of New York gay and lesbian couples have gone to Canada, Massachusetts and Connecticut where same-sex marriage is legal to tie the knot. LGBT rights groups are hopeful the incoming legislature will pass marriage equality legislation in the Empire State. Gov. Paterson has said he would sign the bill if it is passed.

In 2006, the New York Court of Appeals, the state’s highest court, ruled that same-sex couples do not have a constitutional right to marry. It said that the issue, however, could be taken up by the Legislature.

A bill that would allow same-sex couples to marry in New York passed the Democrat-controlled Assembly last year but Republicans who then controlled the Senate refused to consider the legislation.

November’s election saw 40 years of GOP rule in the Senate come to an end. The marriage equality legislation likely will be reintroduced in 2009.

Jeanne Kornowicz and Joy Higgins were married in Ontario in 2006.

Kornowicz, a school psychologist for the Cheektowaga Central School district, applied to the school board to provide health coverage for her spouse Higgins, after a Rochester court ruled in a similar case that New York State must recognize valid out-of-state marriages of lesbian and gay couples. The state’s highest court upheld the ruling.

The school district approved, but its insurer, Blue Cross & Blue Shield of Western New York, denied the coverage.

The couple was represented by the New York Civil Liberties Union. In its court filing, the NYCLU noted both the Rochester ruling and a directive issued last month by Gov. David Paterson instructing state agencies – including those governing insurance and health care – to immediately change policies and regulations to recognize gay marriages performed in areas where they are legal.

The NYCLU also said that unlike Blue Cross & Blue Shield of Western New York, many other New York insurers, including other insurers carrying the Blue Cross & Blue Shield name, have been recognizing same-sex couples’ valid out-of-state marriages for years.

The NYCLU said that the insurer has agreed to follow the Rochester ruling.

Kornowicz and Higgins have had a committed relationship since 1998. Higgins gave birth to the couple’s daughter, Elizabeth Higgins, in July 2007, and Kornowicz’s second-parent adoption of Elizabeth was made final in January of this year.

Neither the Rochester ruling nor Paterson’s directive allowed for same-sex couples to marry in New York. Both were limited to marriages performed only in California, Massachusetts and in countries such as Canada, which have legalized gay marriage.

In 2006, the New York Court of Appeals, the state’s highest court, ruled that same-sex couples do not have an automatic constitutional right to marry in the state. It said that the issue, however, could be taken up by the legislature.

Last year the Democratically-controlled New York State Assembly passed same-sex marriage legislation, but the GOP-controlled Senate has refused to take up the bill.