Archaic Rules Applied in Gay Man’s Estate Dispute

Gay City News – July 24, 2014 by Art Leonard

BY ARTHUR S. LEONARD |  An early 2014 ruling from a surrogate judge in Manhattan highlights the dangers of making a will without the assistance of somebody knowledgeable about estate law. And, it also illustrates one court’s surprising reliance on old cases rather than on the evolving precedents in same-sex partner law in the decades leading up to New York State’s 2011 marriage equality law.

In a February 14 decision, New York County Surrogate Nora Anderson resolved a disputed distribution from the estate of Ronald D. Myers, who died in 2006, by apparently making a “presumption in favor of” a relative, his mother, “as against unrelated persons,” in this case his surviving partner, Dr. Martin Ephraim. Both Myers’ mother and Ephraim have since died as well, making this a battle between their heirs.

The attorney for Ephraim’s estate, Karen Winner, has now filed a motion for re-argument, contending that the court’s decision overlooks significant precedents dating back to the 1980s establishing the “family” status of cohabiting same-sex partners.

The problems in this case stem from a homemade will Myers created in 1981, by which point he and Ephraim had already been together for 11 years. In the will, Myers designated Ephraim and his mother as executors, but when Myers died in 2006, his mother renounced her appointment, so Ephraim served as the sole executor.

In the will, Myers provided that “all monies will be left to my Mother, Roberta F. Long. And that all Stocks of IBM will be left to Dr. Robert Ephraim. And also all personel [sic] property will be left to Dr. Robert Ephraim.”

In carrying out his duties as executor, Ephraim paid over to Long, who survived her son, the roughly $40,000 in cash in the estate. At his death, Myers owned a substantial portfolio of stocks, including but not limited to IBM, which Ephraim transferred to himself, treating the non-IBM stock as “personal property.”

When Long subsequently died without a will, her administrator filed an objection to how Ephraim had distributed the stock, arguing he was entitled under the will to inherit only the IBM stock and Myers’ “personal effects.” When Ephraim himself died, his brother stepped into the case, which now pits Ephraim’s heirs against Long’s for the value of the non-IBM stock, which made up the bulk of the estate. (Winner’s motion for re-argument mentions, as the court’s opinion did not, that Myers had separately purchased annuities for his mother valued at $165,000, which passed to her outside the estate.)

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A Doubly Trying Tax Season for Same-Sex Couples

February 9, 2013
New York TImes

FOR Colette Hayward and Margaret Selby, the problem is this: Maryland recognizes their 2009 marriage, but the federal government does not.

The ramifications are maddeningly complex, no more so than when they deal with the Internal Revenue Service. Two years after taking legal action to assert their rights as a married couple, they are paying a price when they pay their taxes.

For Ms. Hayward, 47, a lawyer who owns two construction businesses, and Ms. Selby, 48, a Baltimore County police officer, a big issue involves insurance benefits they fought to achieve. They are paying taxes on those benefits, even though such benefits for spouses normally are not taxed.

For same-sex couples across the United States, an offshoot of being married is a dizzying set of complications in computing taxes. Although nine states and the District of Columbia have approved same-sex marriages — two others recognize marriages conducted elsewhere — the federal 1996 Defense of Marriage Act prohibits such unions from being recognized by the federal government.

Ms. Hayward, 47, and Ms. Selby, 48, have two children and three grandchildren. They were together for 18 years before they married in Massachusetts. Soon after their marriage in 2009, Ms. Selby filed a request with the Baltimore County Police Department to add Ms. Hayward to her health care coverage and to make sure she was eligible for other benefits available to officer’s spouses. She was turned down.

Lambda Legal, the gay, bisexual and transgender advocacy organization, filed an administrative grievance, arguing that denying benefits to a married couple, gay or straight, was contrary to Maryland law. It cited a 2010 opinion by the Maryland attorney general, Douglas F. Gansler, which noted the state’s longstanding law recognizing out-of-state marriages, including same-sex ones.

In 2011, an arbitrator ruled in the couple’s favor. But the victory came with a catch. Generally, health insurance benefits are not taxable, and adding a spouse or child to an insurance policy has no tax consequences. But because of DOMA, their insurance is treated not as a spousal benefit, but as imputed income, and thus subject to federal income tax. Ms. Hayward said Baltimore County told the couple that adding her to the policy increased the cost of the insurance by about $8,000 a year. She figures that it will increase their overall tax bill by about $2,500 to $3,000.

Click here to read the entire article.

Same-Sex Marriage and Your Estate Plan

Estate Planning for same-sex couples in New York just got a lot more interesting.  While marriage equality is certainly welcome in the Empire State, there are now conflicting Federal and State guidelines that must be understood and incorporated into your overall estate plan.  Conflicts between these two governing interests must be resolved as best as possible and your estate plan must be a portable as possible.

A comprehensive estate plan must now properly define a marital relationship in a manner that will be respected by, yet not conflict with, the laws of the federal government and with the laws of states which do not recognize the NY marriage. 

It is also critical to understand exactly what rights and benefits your NY marriage will provide.  From intestate succession to priority status in a probate proceeding, marriage carries powerful protections for a surviving spouse and peace of mind for couples seeking to protect their families.

Other benefits of marriage include:

  • The protection that divorce provides upon the dissolution of a marriage
  • The ability to file joint state tax returns
  • Exemption from State estate taxes for a surviving spouse
  • Medical decision making and hospital visitation
  • Public employee pension and health insurance benefits
  • The ability to sue for wrongful death of a spouse and receive worker’s compensation for a spouse who is injured on the job

 

Getting married is an important and extremely personal choice.  You may feel compelled to marry because, “grow up, get married, have kids,” was the mantra you learned.  It is your choice.  Before marrying, you should also consider that gay-unfriendly states or countries might not recognize your marriage.  You may also become ineligible for means-based government assistance should the assets of your spouse be added to the eligibility calculation.   The immigration status of a spouse may be red-flagged due to a same-sex marriage.  Finally, many states and countries that allow single individuals to adopt, do not allow adoption for same-sex couples.  

Whether you decide to take advantage of New York’s new found marriage equality or not, if you are partnered, you must be proactive in your estate plan.  If you have any questions at all, please feel free to contact me at Anthony@TimeForFamilies.com.

‘Marriage’ benefits costly for gay couples

Heterosexuals are protected by $40 license, but wills and legal safeguards for same-sex couples cost thousands

By Rex W. Huppke

Tribune reporter

January 18, 2010

If Howard Wax and Robert Pooley Jr. were a heterosexual couple, they could’ve gone to their nearest Cook County clerk’s office, paid $40 for a marriage license and been wed.

That would have provided them an array of legal protections — the right to make medical decisions for one another, the ability for one to inherit the other’s property.

Instead, the couple paid $10,000 for an attorney to help them roughly simulate — using wills, trusts and powers of attorney — the protections that marriage affords. It was a price the men, parents of 3-year-old twins, were willing to pay for peace of mind, though they admit it’s far from perfect.

“I feel at least like we’re secure now,” said Wax, who has been with Pooley for nine years. “It’s not perfect, but we’re OK.”

Across the country, there has been a surge in gay and lesbian couples making such arrangements to protect themselves in states like Illinois that do not recognize same-sex marriage or civil unions. As the nation continues to fiercely debate gay marriage, some proponents cite the added financial burden in casting it as not just a civil rights issue but an issue of economic fairness.

“Gay couples have to go to an attorney, have a will drawn up, get durable powers of attorney. Not only is it a financial expense, but many of those things can be challenged by people’s biological families,” said Rick Garcia, political director for the gay and lesbian rights group Equality Illinois. “A heterosexual couple that barely knows each other can walk into the county clerk’s office, get a license, get married by an administrative law judge, and all their rights and all their protections are there.”

It can be a difficult reality for same-sex couples to face.

Melissa Walker and Erin Ferguson had a wedding ceremony in Chicago in 2008. A couple of friends who are attorneys offered their services as a gift, helping the couple prepare powers of attorney and wills.

Now Walker is eight months pregnant and said it will cost about $2,000 for Ferguson to adopt the child, along with additional legal costs to make sure their parental rights are protected.

“Erin and I are spending thousands of dollars out of our savings account,” Walker said. “How does it benefit anyone when our child is going to come into this world with a less economically sound family?”

Most estate attorneys advise straight couples to have safeguards like wills and powers of attorney, but they aren’t absolutely necessary.

“There are protections under the law that would help a heterosexual couple if they didn’t have those protections in place,” said Christopher Clark, senior staff attorney in the Midwest Regional Office of Lambda Legal, a national gay and lesbian civil rights organization. “A same-sex couple, without these steps, has no legal protection.”

Even with carefully laid-out legal plans, Clark said same-sex couples still have cause for concern: “We’ve had horrible situations where someone winds up in the emergency room in critical condition or even dying, and the person’s partner is not allowed access to them, regardless of the documents.”And there are other rights that come with marriage that same-sex couples have no way of accessing. They miss out on all manner of federal tax benefits, and the federal Defense of Marriage Act — signed into law by President Bill Clinton — makes it impossible for a surviving partner to receive any of their deceased partner’s monthly Social Security payout. That money simply goes back to the federal government.

In Illinois, if one person in a same-sex relationship is covered by his or her partner’s work health insurance, the premium that company pays is treated as taxable income for the partner who works there. Married heterosexuals don’t face such a tax.

“You can never create — using private contracts — all the same benefits and protections people have by being married,” said Ray Koenig III, a Chicago attorney. “You can try hard, and you can spend a lot of money. But you’ll never get there.”

A recent Pew Research Center poll found that a majority of the country continues to oppose gay marriage, 53 percent, while nearly 60 percent of Americans favor letting gay and lesbian couples enter into civil unions. Garcia, of Equality Illinois, said a civil unions bill that would give same-sex couples every benefit the state conveys to married couples will again be considered this year by the Illinois legislature.

Couples like Stephen Lev and Chad Feltrin, however, aren’t waiting around for a bill to pass. Feltrin proposed to Lev, on bended knee in their Andersonville apartment, in April, but they decided they won’t have a marriage ceremony unless same-sex marriage is legalized in Illinois.

“I guess it’s our way of protesting,” Lev said. “I think it’s unfair we’re forced to jump through hoops others don’t have to jump through just to get the same rights.”

Those hoops for Lev and Feltrin included four powers of attorney (two each), two privacy waivers allowing access to the other’s medical records, two wills and a trust for the property they own together.

Wax and Pooley had their children with a surrogate mother in 2006, and it was around that time they realized the importance of estate planning. Kenneth Bloom, their attorney, set the couple up with two revocable trusts to ensure each man’s assets can transfer to the surviving partner and their children, two powers of attorney for each, a will for each and a separate trust for Pooley’s life insurance plan.

“It’s fascinating to do this work for same-sex couples, because there are always very unique circumstances that have to be planned for,” Bloom said. “Same-sex couples are becoming smarter about these legal matters and it’s becoming more common for them to say, ‘OK, we have no legal rights and we’d better do some estate planning.’ ”

Wax said he’s not bitter about the steps he and Pooley have had to take. He thinks great strides have been made in gay civil rights and believes marriage rights for same-sex couples will come eventually, whether in the form of fully legalized marriage or civil unions.

“I don’t care if they call it a tostada,” Pooley said. “I just want the legal issues to be settled out. I don’t like feeling like we’re missing out or being treated differently.”

The Higher Lifetime Costs of Being a Gay Couple

October 3, 2009
New York Times

Much of the debate over legalizing gay marriage has focused on God and Scripture, the Constitution and equal protection.

But we see the world through the prism of money. And for years, we’ve heard from gay couples about all the extra health, legal and other costs they bear. So we set out to determine what they were and to come up with a round number — a couple’s lifetime cost of being gay.

It was much more complicated than we initially imagined, and that’s probably why we’ve never seen similar efforts. We looked at benefits that routinely go to married heterosexual couples but not to gay couples, like certain Social Security payments. We plotted out the cost of health insurance for couples whose employers don’t offer it to domestic partners. Even tax preparation can cost more, since gay couples have to file two sets of returns. Still, many couples may come out ahead in one area: they owe less in income taxes because they’re not hit with the so-called marriage penalty.

Our goal was to create a hypothetical gay couple whose situation would be similar to a heterosexual couple’s. So we gave the couple two children and assumed that one partner would stay home for five years to take care of them. We also considered the taxes in the three states that have the highest estimated gay populations — New York, California and Florida. We gave our couple an income of $140,000, which is about the average income in those three states for unmarried same-sex partners who are college-educated, 30 to 40 years old and raising children under the age of 18.

Here is what we came up with. In our worst case, the couple’s lifetime cost of being gay was $467,562. But the number fell to $41,196 in the best case for a couple with significantly better health insurance, plus lower taxes and other costs.

These numbers will vary, depending on a couple’s income and circumstance. Gay couples earning, say, $80,000, could have health insurance costs similar to our hypothetical higher-earning couple, but they might well owe more in income taxes than their heterosexual counterparts. For wealthy couples with a lot of assets, on the other hand, the cost of being gay could easily spiral into the millions.

Nearly all the extra costs that gay couples face would be erased if the federal government legalized same-sex marriage. One exception is the cost of having biological children, but we felt it was appropriate to include this given our goal of outlining every cost gay couples incur that heterosexual couples may not.

Our analysis is not exact science. Not every couple would get married if they could, and others would not want to have children. We also made a number of assumptions based on average costs, life spans, state of residence and gender.

Our gay family is made up of two women living in New York State in a committed partnership that lasts 46 years, until the first partner dies at age 81. We ran two sets of calculations: in the one that turned out to be our worst case financially, one woman earned $110,000 and the other $30,000. In our second couple, both partners earned $70,000. We started running the numbers when both were age 35.

We received assistance from Roberton Williams, a senior fellow at the Tax Policy Center, who performed our tax analysis, which required simulating more than 900 income tax returns, in part because we followed the partners for 50 years. We also decided to run all scenarios across the three states so that the results would not be skewed by different state taxes. We’ve outlined all the detail in a workbook linked to the online version of this column.

As for the emotional costs of living with these added complexities, they can’t be quantified. Frederick Hertz, a lawyer in Oakland, Calif., who works with same-sex couples, likens heterosexual marriage to being in the car pool lane. “Being part of a same-sex couple, it’s always stop. Wait. Pay a toll,” he said.

Harvey Hurdle, who lives in Philadelphia with his partner and their young son, said he was reminded of the disparities every time his Social Security statement arrived in the mail. “It’s pretty insulting,” he said. “It says your spouse would get this much. And it’s like, ‘Oh no he won’t!’ ”

Health Insurance

In our worst case, the lower earner’s employer did not provide health insurance and her partner’s employer didn’t cover domestic partners. So the lower earner had to buy coverage on the private market, while the higher-earning partner provided coverage for herself and the two children. All this cost the gay couple $211,993 more than their heterosexual married counterparts, who were able to take advantage of the higher-earner’s family coverage.

In our best case, health coverage cost the gay couple $28,595 more. We assumed both gay partners were eligible for employer-provided coverage. The higher-earner’s employer also provided domestic partner coverage, which covered her partner for the five years she stayed at home. When she returned to work, she used her own employer’s insurance.

Even though the couple paid nearly $29,000 more in premiums than an identical heterosexual married couple, it was cheaper than using domestic partnership coverage throughout because of the onerous tax implications, according to Mr. Williams of the Tax Policy Center. A nondependent partner’s coverage is taxable income, and she can’t use pretax dollars to pay the premiums, according to Todd A. Solomon, a partner in the employee benefits department of McDermott Will & Emery in Chicago.

Social Security

All our hypothetical individuals started collecting Social Security when they were 66. Same-sex couples are not entitled to a variety of Social Security benefits, including spousal benefits (heterosexual spouses can receive up to 50 percent of a spouse’s benefits while the spouse is alive, if they are higher than their own); survivor benefits (surviving spouses can receive their deceased spouse’s benefits in lieu of their own, if they are higher); and a flat death benefit of $255.

In the worst case, the gay partner who earned $30,000 could not receive higher spousal benefits or survivor benefits from her partner’s much higher earnings record. Nor was she entitled to the death benefit. In total, the gay women collected $88,511 less in Social Security than a similar heterosexual couple. Some couples might try to buy life insurance in an attempt to replace the benefit.

In our best case, when the gay partners had largely identical incomes, neither was at a huge disadvantage because they ended up with about the same monthly benefits. So the only extra benefit a heterosexual married couple received was the $255 death benefit.

Estate Taxes

Heterosexual married couples can transfer an unlimited amount of assets to each other during their lives and at death without paying estate taxes. Everyone else, including married same-sex couples, must pay federal estate taxes on amounts that exceed the 2009 exemption of $3.5 million. Many states also levy their own estate or inheritance taxes, though same-sex couples may be shielded from those in states that recognize their unions. Our couple lived in New York, where the estate tax exemption is $1 million. And though New York recognizes marriages performed elsewhere, that recognition does not extend to state income or estate taxes.

In our worst case, the gay partner who died first in 2055 left an estate that exceeded the state’s threshold by $171,528. That meant a tax bill of $43,378, according to Ron L. Meyers, an estate-planning lawyer with a significant same-sex clientele at Cane, Boniface & Meyers in Nyack, N.Y.

Meanwhile, their identical heterosexual counterparts owed nothing.

The gay couple in our best case had a smaller estate, in part because they were careful to title their home as tenants-in-common, so only the deceased partner’s half of the home was taxable. The estate didn’t exceed the federal or state threshold. So they owed nothing.

Childbearing

Two women who want to have a biological child together need sperm to do it. They may need to purchase sperm from a bank and use a medical professional to inseminate one of the partners. There are also legal adoption costs.

The worst case here totaled $40,000. It included 12 months of sperm and insemination costs, but the big wild card was the possible need to move to a state where same-sex second-parent adoptions were legal. While this may seem extreme, couples often do it, according to Joyce Kauffman, a lawyer in Cambridge, Mass., who has worked with many of them. We estimated a minimum of $20,000 for this cost, including real estate brokerage fees to sell a home and moving costs.

In the best case, there might be no cost at all: the couple could use sperm from a relative of the partner who isn’t bearing the child or from a friend, inseminate at home and take their chances with free legal forms on the Web. Ms. Kaufman does not recommend such a cavalier approach to vital documents.

The cost for men to have a biological child would be much higher if they used a surrogate.

Pension

We assumed that one partner, in both best and worst cases, received a small pension. In both cases, the partner with the pension plan died first.

Employers do not have to provide survivor pension benefits to a same-sex spouse, but many do anyway (which would put our best case at $0). In our worst case, however, the higher-earning partner died first and did not work for such a company. So the surviving partner got nothing. A similarly situated heterosexual surviving spouse would receive $32,253 before dying herself several years later.

Spousal I.R.A.

You generally need to earn income to contribute to an Individual Retirement Account. But heterosexual married couples can contribute up to $5,000 annually to a spousal I.R.A. for a nonworking spouse. Stay-at-home gay partners, however, cannot make these contributions. So they end up with smaller retirement accounts.

We assumed that all the couples would have either saved 7 percent of the stay-at-home parent’s previous year’s salary, or $5,000, the maximum contribution. So the gay couple with one partner who started out earning just $30,000 would have saved less (had she been legally able to) than someone earning $70,000. In both cases, that five-year gap in savings early on in the partners’ lives haunted them later because they weren’t able to benefit from decades of compounding returns.

The couple with the lower-earning partner at home ended up $48,654 behind by the time that partner died, assuming she invested in a portfolio mixed equally between stocks and bonds that returned 5.94 percent annually. The surviving spouse from the gay couple with equal incomes ended up $112,192 behind.

Tax Preparation

Instead of filing one joint federal tax return and one state income tax return, same-sex couples must file two sets of returns. In both best and worst cases, those couples paid an additional $12,300 in tax preparation fees over the 46 years they are together.

Financial and Legal Planning

Even married same-sex couples are encouraged to create a number of documents that try to replicate the protections and rights of heterosexual marriage because their unions are not universally recognized. In the worst case, our gay couple spent $5,500 more than their heterosexual counterparts on their additional paperwork. That included a revocable living trust, which is more difficult to contest than a will, and what is known as a pour-over will, which ensured that anything left out of the trust would be included. They also each set up financial powers of attorney, health care proxies, living wills and a domestic partnership agreement.

In the best case, our couple didn’t spend any more than a prudent heterosexual couple would. Both couples created two wills, financial powers of attorney, health care proxies and living wills.

Income Taxes

Married heterosexual couples with two working spouses with similar incomes often pay more in federal taxes than if they remained single because of the so-called marriage penalty. This occurs when a couple’s combined income pushes them into a higher tax bracket than they would have been in if they filed as singles. But some couples — especially those with a wide disparity in income or with a stay-at-home parent — usually pay less when they file jointly. They benefit from what’s known as a marriage bonus.

In our worst case, where one gay partner earned $110,000 and one earned $30,000, the couple paid $15,027 less in taxes over their lifetimes than their heterosexual counterparts. Though the gay and heterosexual married couple had identical salaries, the married couple collected more income in retirement — a direct result of their marriage status — and thus owed more in taxes (though they still benefited from the marriage bonus). For instance, the married couple collected higher Social Security spousal benefits and survivor benefits, pension income and income derived from a spousal I.R.A. The gay couples weren’t entitled to any of these benefits.

In our best case, where the partners each earned $70,000, the gay couple paid $112,146 less in income taxes. “That is the marriage penalty rearing its ugly head,” Mr. Williams said.

Baldwin bill seeks to end LGBT health disparities

By 365gay Newswire
06.24.2009 10:30am EDT

Congresswoman Tammy Baldwin introduced the Ending Health Disparities for LGBT Americans Act (ELHDA) on Tuesday, the first comprehensive approach to improving all areas of the health care system where lesbian, gay, bisexual, and transgender Americans face inequality and discrimination.

“Our current health care system fails LGBT Americans on many levels,” said Baldwin in a statement.

“Although we have ample anecdotal evidence of these disparities, the federal government lacks even the most basic data on sexual orientation and gender identity and health. This bill invests in research and takes critical steps towards improving the health of LGBT Americans and their families,” Baldwin said.

Joining Baldwin in sponsoring the bill are House Energy and Commerce Committee Chairman Henry Waxman (D-CA), and Reps. Barbara Lee (D-CA), Mike Honda (D-CA), and Nydia Velazquez (D-NY). Baldwin has worked for more than a year to craft the bill, which she calls “comprehensive” and “fully inclusive.”

In addition to investing in data collection and research, the bill establishes non-discrimination policies for all federal health programs, provides funding for cultural competence training for health care providers, extends Medicare benefits to same-sex domestic partners, creates a new office of LGBT Health within in the Department of Health and Human Services, and provides funding for community health centers who serve the LGBT community.

The legislation has earned the support of the Human Rights Campaign; National Coalition for LGBT Health; The AIDS Institute; Parents, Families and Friends of Lesbians and Gays (PFLAG) National; National Center for Transgender Equality; AIDS Action; American Psychological Association; Mautner Project: The National Lesbian Health Organization; and the National Center for Lesbian Rights.

Birth certificates to reflect New York state gay-marriage move

The AP reports that New York state officials will now let married same-sex couples list both their names on their children’s birth certificates.

The decision, which echoes similar provisions in states that allow gay marriages or civil unions, is one of many changes since Gov. David Paterson ordered state agencies in May to respect out-of-state gay marriages.

The state Health Department said Friday it had agreed to the change, which came after a lesbian couple who are expecting a baby filed a lawsuit. The change would apply statewide except in New York City, which is considering revamping its own birth certificate forms to accommodate same-sex couples.

Under state law, a woman’s husband is automatically deemed a parent of a child the pair conceives through artificial insemination, whether or not he is the genetic father. Gay couples have complained about having to jump through legal hoops to secure equivalent parental rights.

Carolyn Trzeciak and Nina Sheldon Trzeciak of Ulster County, who got married in Canada in 2006, sued last month. Nina Sheldon Trzeciak is carrying their first child, conceived through in vitro fertilization.

The couple argued they both should be designated as parents under Paterson’s directive. The governor told state agencies to make sure policies and regulations treat married same-sex couples equally, saying a recent court ruling suggests they would otherwise risk discrimination claims.

Gay couples may be able to secure a second parent’s rights through adoption. But having their names on a child’s birth certificate immediately gives both spouses such rights as nursery visits and information on the child’s medical condition, the lawsuit said.

“That gives them equal treatment,” said the Trzeciaks’ lawyer, Melissa B. Brisman of Park Ridge, N.J.

The Health Department said in a statement that it had been exploring how to apply Paterson’s directive to birth certificates for some time but arranged a quick resolution for the couple because the baby was due Friday.

Massachusetts is now the only U.S. state that allows gay marriages; California briefly did until voters banned it last month. Some other states let same-sex couples enter into civil unions that offer some of marriage’s legal advantages.

States that allow gay marriage or civil unions have made provisions for birth certificates to list both partners’ names, said Susan Sommer, senior counsel for the gay rights advocacy group Lambda Legal. It was not involved in the Trzeciak case.

While the group urges couples to cement both parents’ rights through an adoption or other court order, Sommer said getting the names of both parents on the birth certificate is a great help to the children.

The Alliance Defense Fund, a conservative legal organization based in Scottsdale, Ariz., is challenging various attempts to extend spousal rights to gay couples in New York. In September, a Bronx judge threw out the group’s challenge to Paterson’s directive; the organization is appealing.

The alliance argues that only the Legislature, not the governor, has authority to recognize out-of-state gay marriages.