New York appeals court allows surviving same-sex spouse to inherit estate News
New York appeals court allows surviving same-sex spouse to inherit estate
Photo source or description

[JURIST] The New York State Supreme Court Appellate Division, First Department [official website] on Thursday upheld [opinion, PDF] a lower court decision [JURIST report] allowing the surviving spouse of a same-sex marriage to inherit the deceased spouse’s estate. Kenneth Ranftle and Craig Leiby were married legally in Canada in 2008 after more than 20 years together. Ranftle died a few months later in New York, leaving most of his multi-million dollar estate to Leiby. Ranftle’s brother challenged the validity of the couple’s marriage and argued that recognition of the marriage violated New York public policy. The unanimous panel said in its opinion:

[T]he Legislature’s failure to authorize same-sex couples to enter into marriage in New York or require recognition of validly performed out-of-state same-sex marriages, cannot serve as an expression of public policy for the State. In the absence of an express statutory prohibition … legislative action or inaction does not qualify as an exception to the marriage recognition rule.

In 2008, then-governor David Paterson ordered all state agencies to recognize same-sex marriages from other states [JURIST report] as legal marriages for purposes of New York law. The order followed a decision by an intermediate New York appellate court holding that legal same-sex marriages performed outside the state are entitled to recognition [JURIST report] in New York.

The validity of same-sex marriage [JURIST news archive] continues to be hotly debated in the US. The New York appeals court decision came one day after the US Department of Justice (DOJ) [official website] announced that it would no longer defend the constitutionality [JURIST report] of Section 3 of the Defense of Marriage Act (DOMA) [text; JURIST news archive], which defines marriage for federal purposes as a legal union between one man and one woman, in court cases challenging the provision. The New York State Assembly approved same-sex marriage legislation in 2009, but the bill was later defeated [JURIST reports] in the Senate. Same-sex marriage is currently legal in Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and Washington, DC [JURIST reports].

THIS DAY @ LAW

38 Santee Sioux hanged by US for rebellion

On December 26, 1862, 38 Santee Sioux men were hanged in a mass execution for their roles in a rebellion against US authorities in Minnesota which left hundreds dead and made refugees of some 40,000 white settlers. Government annuities promised under a treaty with the Sioux had failed to arrive on schedule and credit for purchases was not advanced in the meantime, threatening the tribe with starvation. The Santee Sioux Tribe's members were deported first to South Dakota and ultimately to Nebraska, where they remain today. Learn more about the 1862 Minnesota Sioux Rebellion.

Louis XVI put on trial during French Revolution

On December 26, 1792, Romain de Sèze, a defense attorney for deposed King Louis XVI, presented a defense of his client. The former King was on trial before a French Revolutionary court on thirty-three charges, including treason and other crimes against the state. He was convicted on January 15, 1793 executed by guillotine on the following January 21.