PROVIDENCE, R.I. - Rhode Island Attorney General Patrick Lynch says his state should recognize the gay marriages of state employees performed in Massachusetts.
A letter dated yesterday from Lynch says Rhode Island prohibits discrimination based on sexual orientation and also extends benefits such as health insurance to domestic partners of state employees.
And because there’s no Rhode Island law banning gay marriage — Lynch says there’s no reason to deny recognition of same-sex unions performed in Massachusetts.
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Lynch spokesman Michael Healey says the opinion is not binding, but a staff attorney for Gay and Lesbian Advocates and Defenders says she expects most government agencies in Rhode Island to heed the legal advice of the state’s top lawyer.
Another of those small victories that add up. States usually honor reciprocity agreements with regard to what constitutes a valid marriage in one jurisdiction. For example, the state of Colorado recognizes common law marriage, but New Mexico doesn't. If a common law married couple moves from Colorado to New Mexico, New Mexico would recognize the marriage as being valid under Colorado law.
Until now, no state has taken the position that a gay marriage recognized in Massachusetts should be honored in another state. In fact, most states have expressly taken the opposite position.
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