NEW YORK: Gay Man Wins Landmark Suit To Inherit Late Husband's Estate

A New York state appeals court has ruled that a gay man married in Canada has the right to inherit the estate of his late husband, despite claims by the husband's family that their marriage was invalid.

While same-sex couples can't wed in the state, J. Craig Leiby and H. Kenneth Ranftle were legally married in Canada, so Leiby is entitled to recognition as the surviving spouse in a dispute over Ranftle's estate, the appellate judges said. Ranftle died Nov. 1, 2008. His brother Richard contested the will and challenged the legitimacy of the marriage, saying it violated state policy.But the state Supreme Court's Appellate Division wrote, "New York's long-settled marriage recognition rule affords [recognition] to out-of-state marriages" that are valid where they are made.

And once again we thank former Gov. David Paterson!

Full text of the court's ruling.

Thank You, Governor Paterson

As his final day in office winds to a close for Governor David Paterson, LGBT New Yorkers should offer him our thanks for being the most relentlessly and loudly pro-gay governor in state and arguably, national history. Our state movement's two most important pieces of legislation, GENDA and marriage equality, remain unattained, but that, of course, is due to our clown car of a state Senate and is no fault of the governor's.

Paterson, to his everlasting credit and over the loud protests of bigots, issued an executive order protecting state employees in New York from discrimination based on gender identity and expression. In May 2008, he directed state agencies to recognize out of state same-sex marriages, a move countered by numerous (and unsuccessful) lawsuits. And if there was a marriage equality rally or an angry protest, we usually showed up to find Governor Paterson at the podium or on a bullhorn. Probably my most memorable moment of Paterson's tenure was watching him stand in a pouring rain in Washington Square to deliver an impassioned speech against the bullying and abuse of LGBT youth.

And let's not forget Gov. Paterson's unexpected selection of an obscure upstate legislator with wobbly bona fides to fill the formidable shoes of then Sen. Hillary Clinton. Many questioned that move at the time (myself included), but Sen. Kirsten Gillibrand has surprised us all and turned into a powerful and effective advocate for LGBT New Yorkers. Sen. Gillibrand may turn out to be Paterson's most enduring legacy for the good of our movement.

We've had the occasional disagreement with Gov. Paterson, in particular the continuing exclusion of indigent HIV patients from the state's rent relief program for the seriously ill. But even that bad decision grew out of the state's financial morass and not from animus. Today, let's thank Governor David Paterson for his support of the LGBT community and hope that one day soon, we'll again see thousands of New Yorkers happily marching in the NYC Pride Parade wearing stickers proclaiming "We Luv Our Guv!"

NYC: Openly Gay State Sen. Tom Duane Among Those Arrested At AIDS Protest

Openly gay and openly HIV+ New York state Sen. Tom Duane was arrested along with several other AIDS activists in a protest at City Hall tonight.

The act of civil disobedience was meant to draw attention to a housing bill that was vetoed by the governor earlier this year. The bill would insure that poor people living with HIV/ AIDS wouldn't have to spend more than 30 percent of their income on rent. Advocates argue the bill saves money in the long run, by lowering the rate of evictions and homelessness. Governor David Paterson vetoed the bill at Mayor Michael Bloomberg's urging. Both men call it an unfunded mandate that neither the city or state can afford. Advocates say the bill would affect about 10,000 low income New Yorkers living with HIV and AIDS.

At the time of the veto, Gov. Paterson remarked that it was the hardest decision he'd had to make since taking office.

NY Gov. David Paterson Leads Crowd In NYC Vigil For At Risk LGBT Youth

Last night New York Gov. David Paterson, possibly the best straight political ally the LGBT community has ever known, lead thousands of New Yorkers in a vigil for the at-risk queer youth of our state. A gentle rain began to fall during the action, matched only by the tears on everyone's faces as Broadway star Cheyenne Jackson led the crowd through a heart-wrenching rendition of Over The Rainbow. Full-screen versions of the photos below can be viewed here.

NY Gov. Paterson Signs Law Allowing Joint Adoption by Unmarried Couples

Gov. David Paterson has signed a bill allowing all unmarried couples to jointly adopt in New York state.

The measure signed by Gov. David Paterson also substitutes the gender-neutral term "married couple" in the adoption statute for "husband and wife." According to sponsors, that partly codifies state appeals court rulings and clears up complications from joint adoption as a two-step process. It’s also meant to help ensure children get support, insurance and other benefits from both adults, as well as lifelong relationships even if couples split up. Single gay people can already legally adopt in New York. "Because same sex couples can’t get married and some heterosexual people don’t want to get married, they were not allowed to adopt a non-related child together," said Assembly member Linda Rosenthal, a Manhattan Democrat and chief sponsor. "If there is a foster child that neither is related to, they had to do it separately. What happens often is one does it, and the other says, ’Yeah, I’ll get to it.’ But it’s a costly endeavor. It’s a separate procedure for both."

The bill becomes effective immediately.

NEW YORK: AIDS Activists Protest Gov. Paterson Over Housing Bill Veto

AIDS activists protested outside the Manhattan office of Gov. David Paterson today over his reneging on a pledge to support a bill that would cap the rents of people with AIDS at 30% of their income. Via press release from Housing Works:

Paterson had agreed to sign the 30 percent rent cap bill in both 2009 and 2010, but went back on his promises yesterday, claiming that it would prove too expensive during a difficult budget year. Since, City Council Speaker Christine Quinn, as well as council members Annabel Palma and Helen Diane Foster, have sharply criticized the governor’s action. The bill would have helped nearly 10,000 low-income New Yorkers with HIV/AIDS, according to July numbers released by the HIV/AIDS Services Administration, by capping their rent at 30 percent of their income. Today, a state policy forces many poor state residents with HIV/AIDS to pay as much as 75 percent of their income toward rent, causing them to make difficult choices between medical care and paying their landlords.

More photos from today's action are here.

NEW YORK: Gov. David Paterson Signs Comprehensive Anti-Bullying Bill

New York Gov. David Paterson today signed the Dignity For All Students Act (DASA), a sweeping anti-bullying education reform bill that grants explicit protections to students based on sexual orientation and gender identity/expression. It is the first law in New York state to include gender identity and expression as protected classes.

The signing of this historic bill took place at the NYC LGBT Community Center. The NGLTF's Rea Carey cheers via press release:

“For some young people, going to school is tantamount to a daily dose of torture. In too many cases, harassment, taunting and abuse are allowed to go on unabated in our nation’s schools. We have repeatedly seen the tragic consequences of this pervasive problem: young people are left emotionally damaged, physically hurt, or feel they have no other option than to take their own lives out of hopelessness and despair. Youth who are lesbian, gay, bisexual or transgender — or simply perceived to be — are often the targets of this abuse. Today, New York said enough is enough."

The bill's sponsor was openly gay Assemblyman Daniel O'Donnell:

"Too many students are bullied based on real or perceived differences with their classmates. Every student deserves an environment free of harassment and discrimination, an environment that allows every child to reach his or her full potential. For too long, our educational system has been blind to the plight of these students. I am proud that the Assembly led the way on this important issue, and that today, the Dignity for All Students Act is finally signed into law."

This is a fantastic step forward for the LGBT youth of New York state, but the battle rages on elsewhere as groups like Focus On The Family continue to influence school boards and state legislatures in their campaign to enable the brutalization of gay children.

Bronx Pol: If You Tax Cigarettes Too Much, The Terrorists Have Won

A just-approved hike in the state tax on cigarettes will raise the cost to around $12/pack in NYC, prompting Bronx Assemblyman Michael Benjamin to claim that Gov. Paterson hates Israel. Because higher cigarette prices encourages bootlegging. Which is done by terrorists.

"Criminals and terrorists will be further enticed to take advantage of the price differential between high tax and low tax jurisdictions, ie, NYS/NYC, Native American reservation smokeshops, and/or any southern state. We are sowing the seeds of increased terrorism-related activities by those who mean America, Israel and our other allies harm," he said.

Terrorists have been found in the cigarette bootlegging business. The new tax is expected to generate about $440M in added revenue. The state budget has a current shortfall of $9B. NYC adds its own tax to cigarettes and when the price first hit $10/pack last year, the city estimated that about 40,000 residents gave up the habit. A survey taken at the time indicated that the next "breaking point" for smokers would be at the $15/pack level.

Andrew Cuomo Announces NY Gov Bid

It's been coming for about a year, but today New York Attorney General Andrew Cuomo finally announced formally that he is running for governor.

"New York is upside down and backwards; high taxes and low performance," said Cuomo. My campaign is this simple: I represent the people of the great state of New York and we want our government back." Cuomo's announcement isn't surprising but it is significant. Cuomo, the son of former Gov. Mario Cuomo, has long been expected to run -- a path made more clear by Gov. David Paterson's (D) decision not to seek a full term in the fall. Cuomo enters the race as an overwhelming favorite. Former Rep. Rick Lazio and Suffolk County Executive Steve Levy are competing for the Republican nod.

Cuomo previously ran for governor in 2002, but dropped out when it became clear that state Comptroller Carl McCall would win the Democratic primary. McCall lost to George Pataki.

Astroturfers Fight NY Gov. Paterson's Proposed Beverage Tax

NY Gov. David Paterson's controversial beverage tax, which is meant to fight obesity (and help balance the budget), is facing vigorous opposition from soft drink manufacturers. The astroturf group New Yorkers Against Unfair Taxes has been running the below ad on NYC television every hour for the last few days. The proposed tax is one cent per ounce of sugared beverage, which includes colas, most sports drinks, powdered mixes, and some fruit juices.

New York Times: Paterson Must Resign

In a front page editorial, today the New York Times called for the resignation of Gov. David Paterson unless he can "account for his actions."

Gov. David Paterson gave New Yorkers his “personal oath” on Friday that he had never abused his office. It now seems clear that, at the very least, he tried to arrange a ham-handed cover-up to avert a scandal involving a top aide. There are also disturbing signs that he or other state officials may have unlawfully intervened to protect the aide from accusations of domestic violence. Either would be a gross abuse of office. Mr. Paterson has failed to account for his actions. If he can show that he did no wrong, he must do so fully and immediately. If not, he should resign.

It's a remarkably blistering editorial, peppered with words like "sordid" and "intolerable."

Paterson Could Face Criminal Charges

The witness tampering scandal surrounding NY Gov. David Paterson is getting worse.

New York Gov. David Paterson appears to have moved from worrying about his political future to facing the possibility of criminal charges. A second New York Times story Tuesday on his involvement in shielding a close aide, David Johnson, from charges of domestic violence reported that Paterson, besides calling the alleged victim himself, personally directed two aides to call her shortly before she stopped pursuing domestic violence charges against Johnson. He told one of the aides, press secretary Marissa Shorenstein, to ask the woman to say that no violence took place during the incident, according to a Times source.

Depending on the details unearthed by investigators, the actions laid out in the story, several New York lawyers said, could run afoul of criminal prohibitions against witness tampering and obstruction of justice. “Although the issue of intent is always critical in obstruction cases, the Times story lays out a scenario that a prosecutor might well take a hard look at,” Daniel Richman, a Columbia University law professor and former federal prosecutor, told POLITICO Monday night.

Resignation appears more and more likely.

Paterson's Announcement

BREAKING: Paterson Ends Campaign

UPDATE: NY Gov. Paterson will announce today that he will not seek election in November.

Embattled Gov. Paterson has pulled the plug on his election bid, a source close to the governor said Friday. Paterson will announce the decision later Friday. Paterson has been under fire for having contacted a woman who accused one of his top aides of domestic violence. The source said the governor has agreed not to seek election, but he will not resign - opting to serve out the remainder of his term. The decision clears the way for Attorney General Andrew Cuomo, who is the favorite of many Democrats, to seek the nomination unimpeded.

On Wednesday the New York Times widened their expose' of an aide to NY Gov. David Paterson, alleging that Paterson pressured state police to intimidate a women into not pressing charges against the aide for a reported assault. According to the woman's lawyer, Paterson himself called her.

Last fall, a woman went to court in the Bronx to testify that she had been violently assaulted by a top aide to Gov. David A. Paterson, and to seek a protective order against the man. In the ensuing months, she returned to court twice to press her case, complaining that the State Police had been harassing her to drop it. The State Police, which had no jurisdiction in the matter, confirmed that the woman was visited by a member of the governor’s personal security detail. Then, just before she was due to return to court to seek a final protective order, the woman got a phone call from the governor, according to her lawyer. She failed to appear for her next hearing on Feb. 8, and as a result her case was dismissed. Many details of the governor’s role in this episode are unclear, but the accounts presented in court and police records and interviews with the woman’s lawyer and others portray a brutal encounter, a frightened woman and an effort to make a potential political embarrassment go away.

Paterson has suspended the aide. Yesterday a top official in Paterson's administration resigned over the issue.

As she resigned, Public Safety Deputy Secretary Denise O'Donnell ripped the handling of a domestic violence allegation against Paterson aide David Johnson. Paterson aides admit the governor spoke to Johnson's accuser a day before she was to appear in court earlier this month - and a member of the governor's police detail also met with the woman. "These actions are unacceptable regardless of their intent," O'Donnell said in a statement. "It is particularly distressing that this could happen in an administration that prides itself on its record of combating domestic violence."

In a front page editorial, today the New York Daily News called for Paterson to resign.

Like most New Yorkers, the Daily News greeted David Paterson's ascension to the governorship with best wishes and fervent hope for success in endeavors suddenly assumed. Today, just shy of two years later, we urge Paterson to step down immediately. It is clear that the governor tolerated domestic abuse accusations against his closest confidante, and there is a suggestion that he joined state troopers in a campaign of witness tampering to shield the aide from prosecution. In either case, Paterson has given cause to doubt his word and his judgment, breaking a fundamental bond with the public - the bond of trust.

Paterson has insisted that he will not resign, but last night he gave the first indication that he may heed the calls of the state Democratic leadership and not seek election in November.

His political career imploding spectacularly around him, Gov. Paterson insisted Thursday night that he's still running, but for the first time said he'll consider calls to step aside. Allies abandoned him as the scandal over his involvement in domestic abuse allegations against a top aide also sucked in the head of Paterson's security detail: State Police Maj. Charles Day. Paterson's criminal justice czar also abruptly quit, enraged by her boss, and a host of Democrats declared that, at the very least, his hopes for election are shot. At worst, they said, he could be forced to resign, be impeached, or face criminal charges. "I am not suspending my campaign, but I am talking to a number of elected officials around the state," he said. "I'm obviously listening to them." "I've got an open mind about this thing. I want the Democrats to win in November," he said. "I will weigh what they have to say - but right now I am a candidate for governor."

PhoboQuotable - NY Sen. Ruben Diaz

"The Governor went out on a limb for the gay community in his efforts to support marriage equality and to bring that bill to the Senate floor, even though he knew it did not have sufficient votes to pass and that thousands of people in New York State did not want it and will not support him for election because of that issue. Where is the gay community now that the Governor needs them? For that Governor Paterson has paid dearly and gained a lot of negative ink. Governor David Paterson must be wondering ‘I was there when they needed me, where are my friends now that I need them?’" - Arch homophobe NY Sen. Ruben Diaz, trying to start a rumor that the LGBT community has abandoned Gov. Paterson, who is suffering the lowest approval ratings seen for a New York governor in decades.

Last May, Diaz organized the largest anti-gay event in New York history when he rallied over 10,000 Hispanic Evangelicals to protest outside of Paterson's Manhattan office. Below is my video of that day. Diaz appears near the end of the clip to the delighted shrieks of the adoring bigots.

Gov. Paterson: I'm Not Resigning

NY Gov. David Paterson says the rumors of his drug use and womanizing are untrue and he has no intention of resigning.

Governor David Paterson is fighting back as rumors continue to swirl about a still-unpublished New York Times article that some say could lead to his resignation. On Monday, Paterson told the Associated Press that allegations of recent drug use and womanizing are not true. He insisted that he has no plans to resign. The Governor says the politicians and press corps in Albany have hit new lows. Paterson told the AP that a January 30th New York Post article that says New York State Police found him with another woman in a room at the Governor's Mansion is a fabrication.

The governor also says that the utility closet in which he was supposedly found does not exist. Meanwhile other rumors are swirling that Paterson awarded a multi-billion dollar casino gambling contract in return for the promised re-election support of Rev. Floyd Flake, a notoriously anti-gay nutcase who has a tiny stake in the company that won the bid. Flake is one of the most popular religious figures in NYC.

Flake, an influential former congressman, owns a .06% stake in Aqueduct Entertainment Group, a politically connected company that won the lucrative deal to run the slots. The Aqueduct slots could bring in as much as $6 billion a year, experts predict, with AEG taking home about $180 million annually. Flake insisted the company beat out other bidders to win the racino deal fair and square - and he touted the project as a godsend that will bring much-needed jobs to the community.

In 1990 Flake and his wife were indicted on 17 federal counts of conspiracy, tax evasion, and fraud over accusations that they had embezzled money from a federally funded senior citizen housing center built by his church. The charges were later dropped when the judge dismissed the testimonies of most of the prosecution's witnesses.

UPDATE: Local television reports that Paterson is meeting with the editors of the New York Times today. Their story on Paterson is now set to be published tomorrow.

SLIDESHOW: HRC 2010 NYC Gala

Here's a short slideshow from Saturday's HRC gala in NYC, courtesy of my able photographer Dr. Jeff. Except for the HRC's official photographer, media were kept tightly corraled in a roped-off pen in front of the HRC backdrop, so we were pretty much unable to photograph or interview attendees. After all the big shots were trotted off the pre-show stage, we were escorted to a balcony over the ballroom. I've done a lot of these things, but haven't felt quite so "managed" before. And I'm pretty sure one of the HRC volunteers even followed me and waited outside the men's room, just to make sure I didn't try and infiltrate the millionaires. Whatever, dude. I did get a giggle when they played Tardy For The Party to try and get people to take their seats. The second Real Housewives moment of the evening came when NYC cast member Jill Zarin introduced Joe Solomonese. OK, then. We take our support where we can get it and Zarin was actually rather charming.

Paterson's Office Acknowledges NYT Scandal Story, Denies He Is Resigning

After Business Insider today published a claim that NY Gov. David Paterson will resign tomorrow upon the publication of an expose' in the New York Times, Paterson's office has denied the resignation rumor, but acknowledged the existence of the NYT story. And now, according to the latest rumors from media insiders, the NYT will not be publishing the story tomorrow after all, although it's still said to be coming.

Gov. Paterson At The HRC Gala

NY Gov. David Paterson took to the media pit podium for some brief remarks in praise of the HRC prior to last night's fundraising gala in the adjoining grand ballroom of the Waldorf Astoria. My apologies for the shaky camera work, I was getting jostled by the CNN crew on my right. At the end of the clip, I pan around a bit so you can see the pre-event cocktail party. Not incidentally, tongues were wagging in the media pit that Paterson may resign in the next few days over the widely rumored scandal supposedly about to be exposed by the New York Times.

"Ruinous Scandal" Rumored About To Explode For NY Gov. David Paterson

Reliable political reporter Elizabeth Benjamin reports at the NY Daily News that a potentially career-ending personal scandal will shortly be divulged about NY Gov. David Paterson. Recent claims have been made that state troopers walked in on Paterson and an unidentified woman in a utility closet at the executive mansion. According to Gothamist, the big story (which may or may not be related to the trooper story) is to come from the New York Times.

The rumor mill is churning right now about a "big, damaging" New York Times "bombshell" story that supposedly features some ruinous dirt about the personal life of Governor David Paterson. Elizabeth Benjamin at the Daily News hears it "will be far worse than his acknowledged extramarital affair with a former state employee." Remember when you first heard about Eliot Spitzer's involvement with prostitutes, and everyone was like, "Okay, so who the hell is David Paterson?" Well, let's get to know current Lieutenant Governor Richard Ravitch!

As mentioned above, Paterson has freely admitted that he and his wife have been non-monogamous in the past, a revelation that most of New York met with a shrug. As documented here on this blog many times, Gov. Paterson has been an actual fierce advocate for gay New Yorkers since taking over for the disgraced Eliot Spitzer. This doesn't look good.