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October 14, 2008

NY State Court to hear challenge to benefits to gay spouses

A midlevel state appeals court is scheduled to hear arguments Wednesday on whether New York's policy granting benefits to gay couples legally married elsewhere should stand.

In March, Acting State Supreme Court Justice Thomas McNamara upheld the 2007 policy of the Department of Civil Service that extended health benefits to those spouses. He rejected a challenge by four plaintiffs claiming the policy violated New York's Constitution by using public funds to aid then Gov. Eliot Spitzer's political objectives.

Appeal arguments are set before the Appellate Division of State Supreme Court in Albany.
 

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