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{{italics title In 2000, New York residents John Langan and Neil Conrad Spicehandler traveled to Vermont, where they affirmed their commitment under Vermont's
Civil Union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
laws. They were planning to adopt a child, and had purchased a house in Massapequa. Just hours after the closing of their house, Spicehandler was struck by an automobile in Manhattan. Spicehandler subsequently died following treatment at
Saint Vincent's Catholic Medical Center Saint Vincent Catholic Medical Centers of New York d/b/a as Saint Vincent's Catholic Medical Centers (Saint Vincent's, or SVCMC) was a healthcare system, anchored by its flagship hospital, St. Vincent's Hospital Manhattan, locally referred to a ...
. Survivor Langan brought a malpractice suit against the Hospital, arguing standing as a "spouse" for purposes of New York's
wrongful death Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm, l ...
statute.


Lower court ruling

In 2003, the
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
(the state's trial court) held that Langan had standing as a "spouse" for the purposes of New York's wrongful death statute. New York courts, under principles of
full faith and credit Article IV, Section 1 of the United States Constitution, the Full Faith and Credit Clause, addresses the duty that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." Acco ...
and
comity In law, comity is "a practice among different political entities (as countries, states, or courts of different jurisdictions)" involving the " mutual recognition of legislative, executive, and judicial acts." Etymology Comity derives from the Lat ...
recognize valid contracts established under the laws of her sister states so long as they do not offend a New York state policy. This policy is especially true of marriages celebrated in other states. Spouses in out-of-state marriages would thus be extended the privileges and immunities the marriage laws of New York extend to marriages officiated in-state. Even common law marriages, which are not recognized for in-state New York cohabiting partners, are recognized for purposes of New York spousal benefits so long as the common law marriage was validly entered into in another state. The court ruled that partners in a civil union, a relationship status wholly legal in Vermont, are therefore indistinguishable from spouses in marriage to the extent of the rights conferred to a "spouse" under New York's wrongful death statute.


Intermediate court ruling

On October 11, 2005, the
New York Supreme Court, Appellate Division The Appellate Divisions of the Supreme Court of the State of New York are the intermediate appellate courts in New York State. There are four Appellate Divisions, one in each of the state's four Judicial Departments (e.g., the full title of the ...
(intermediate appellate level court) overturned the lower court ruling. The appellate court concluded that the state legislature did not contemplate protecting same-sex couples when it enacted the wrongful death statute and that Langan had failed to demonstrate that there was no legitimate purpose for the statute's exclusion of same-sex couples. ''Langan v. St. Vincent’s Hospital'', 802 N.Y.S.2d 476 (N.Y. App. Div. 2005).


Highest court ruling

The
New York Court of Appeals The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by ...
, the state's highest court, affirmed in 2006 the intermediate court's decision to deny Langan standing as surviving "spouse", thus blocking Langan from bringing suit against St. Vincent's Hospital. ''Langan v. St. Vincent's Hospital'', 25 A.D.3d 90, 802 N.Y.S.2d 476 (N.Y. App. Div. 2005), review denied, 850 N.E.2d 672 (N.Y. 2006). United States same-sex union case law New York Supreme Court cases 2005 in United States case law 2005 in New York (state) 2005 in LGBT history