The same New York state court that first recognized same-sex marriage over 30 years ago has now recognized polygamous relationships.
“Before gay marriage was legalized in any state, Braschi v Stahl Assocs. … was decided. The New York State Court of Appeals became the first American appellate court to recognize that a non-traditional, two-person, same-sex, committed, family-like relationship is entitled to legal recognition, and that the nontraditional family member is entitled to receive noneviction protections,” New York Civil Court Judge Karen May Bacdayan wrote in her decision.
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“What was ‘normal’ or ‘nontraditional’ in 1989 is not a barometer for what is normal or nontraditional now,” Bacdayan continued. “Indeed, the definition of ‘family’ has morphed considerably since 1989. Specifically, many articles have been written about multi-person relationships in recent years, revealing a preference that for some has long been known.”
The case before the court involved three men: Scott Anderson, Markyus O’Neill, and Robert Romano. Anderson and Romano had been “life partners” for 25 years, had joint bank accounts, and were named as beneficiaries on each other’s retirement accounts. The two men maintained separate apartments, however, “to provide them comfort and space.”
Enter O’Neill, who met Anderson in 2011 and moved into his rent-controlled apartment in 2012. O’Neill and Romano both knew about each other, but according to O’Neill, Romano did not like him. Romano admits that they were not friends.
Anderson apparently carried on amicable relationships with both men until he died, at which point O’Neill tried to renew Anderson’s rent-controlled lease and was denied by the landlord. The landlord then sued to evict O’Neill, who claims he is entitled to renew Anderson’s lease as a “nontraditional family member” under New York law. The landlord claims O’Neill is undeserving of that label, as Anderson was already a life partner with Romano.
Judge Bacdayan sided with O’Neill, writing, “The existence of a triad should not automatically dismiss respondent’s claim to noneviction protections.” That Romano never consented to having O’Neill join his family was unimportant to Judge Bacdayan. “Was the relationship a ‘good’ one?” Judge Bacdayan asks. “It seems equally as unimportant as considering sexual relations to delve into the level of happiness in a relationship. Is one stripped of their rights to ‘marital property’ on the basis of having a ‘bad’ marriage?”
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In his Obergefell v. Hodges dissent, Chief Justice John Roberts warned that recognition of same-sex marriage would inevitably lead to the recognition of plural marriages. Judge Bacdayan notes this warning in her opinion and proves him right.
Luckily, there is a conservative majority on the Supreme Court that would never redefine marriage to add polygamous unions to the list of relationships that the state must recognize.
But the Democrats want to add seats to the Supreme Court, and if they do, you can be sure they will find enough Judge Bacdayans to make their vision of the law a reality.
