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ALBANY — Gov. David A. Paterson has directed all state agencies to begin to revise their policies and regulations to recognize same-sex marriages performed in other jurisdictions, like Massachusetts, California and Canada.

In a directive issued on May 14, the governor’s legal counsel, David Nocenti, instructed the agencies that gay couples married elsewhere “should be afforded the same recognition as any other legally performed union.”

The revisions are most likely to involve as many as 1,300 statutes and regulations in New York governing everything from joint filing of income tax returns to transferring fishing licenses between spouses.

In a videotaped message given to gay community leaders at a dinner on May 17, Mr. Paterson described the move as “a strong step toward marriage equality.” And people on both sides of the issue said it moved the state closer to fully legalizing same-sex unions in this state.

“Very shortly, there will be hundreds and hundreds and hundreds, and probably thousands and thousands and thousands of gay people who have their marriages recognized by the state,” said Assemblyman Daniel O’Donnell, a Democrat who represents the Upper West Side and has pushed for legalization of gay unions.

Massachusetts and California are the only states that have legalized gay marriage, while others, including New Jersey and Vermont, allow civil unions. Forty-one states have laws limiting marriage as a union between a man and a woman.

Legal experts said Mr. Paterson’s decision would make New York the only state that did not itself allow gay marriage but fully recognized same-sex unions entered into elsewhere.

The directive is the strongest signal yet that Mr. Paterson, who developed strong ties to the gay community as a legislator, plans to push aggressively to legalize same-sex unions as governor. His predecessor, Eliot Spitzer, introduced a bill last year that would have legalized gay marriage, but even as he submitted it, doubted that it would pass. The Democratic-dominated Assembly passed the measure, but the Republican-led Senate has refused to call a vote on it.

Short of an act by the Legislature, the directive ordered by Mr. Paterson is the one of the strongest statements a state can make in favor of gay unions.

“Basically we’ve done everything we can do on marriage legislatively at this point,” said Sean Patrick Maloney, a senior adviser to Mr. Paterson. “But there are tools in our tool kit on the executive side, and this is one.”

The directive cited a Feb. 1 ruling by a State Appellate Court in Rochester that Patricia Martinez, who works at Monroe Community College and who married her partner in Canada, could not be denied health benefits by the college because of New York’s longstanding policy of recognizing marriages performed elsewhere, even if they are not explicitly allowed under New York law. The appeals court said that New York must recognize marriages performed in other states that allow the practice and in countries that permit it, like Canada and Spain.

Monroe County filed an appeal with the state’s highest court, the Court of Appeals, but it was rejected on technical grounds. The county has not decided whether to file another appeal, a county spokesman said on Wednesday. The Court of Appeals has previously ruled that the state’s Constitution did not compel the recognition of same-sex marriages and that it was up to the Legislature to decide whether do so.

Groups that oppose gay marriage said the governor was essentially trying to circumvent the Legislature.

“It’s a perfect example of a governor overstepping his authority and sidestepping the democratic process,” said Brian Raum, senior legal counsel for the Alliance Defense Fund, a national organization opposed to same-sex marriage. “It’s an issue of public policy that should be decided by the voters.”

Gay rights advocates, however, applauded Mr. Paterson, saying the broad directive would make it clear that gay couples wed in other states were entitled to all of the benefits of marriage in New York and relieve them of the burden of challenging or suing individual agencies.

In the directive, Mr. Nocenti wrote that state agencies should review all rules and regulations to determine whether they conflict with recognition of same-sex marriages and report back to him by June 30. Mr. Nocenti said that state agencies that did not provide “full faith and credit to same-sex marriages” could be subject to liability.

He said that many changes could be made through internal memos or policy statements, but that regulatory changes might be needed in some cases.

Mr. Nocenti directed agency heads to a list of state regulations and statutes that were likely to need overhaul, including measures affecting a spouse’s ability to collect a deceased spouse’s pension and to continue to use public housing.

In addition to conferring more rights on gay couples, the changes might also require more responsibilities. For example, the order that required certain employees of the executive branch to file financial disclosure documents for their spouses would also apply to gay spouses.

It is less clear what the directive means for state policies that are not enforced by state agencies but by the courts, like those that govern child custody or protect a husband and wife from having to testify against one another about statements they made to each other while married.

Coincidentally, Mr. Nocenti’s directive was dated one day before the California Supreme Court ruled that same-sex couples have a constitutional right to marry. Gay marriage proponents said they expected that ruling, which will take effect in mid-June unless the court grants a stay, will lead some gay couples in New York to marry in California so they can take advantage of the protections under New York law.

Of course, many gay New Yorkers might find Canada to be a more convenient option, some gay rights supporters pointed out. Mr. Nocenti also said that marriages performed in Massachusetts should be recognized in New York, though Massachusetts, unlike California, does not permit gay residents from other states to be married there if their home state prohibits same-sex unions.

While gay rights advocates widely praised the spirit of Mr. Paterson’s policy, some saw more than a little irony in the fact that New York has yet to allow gays to marry.

“If you’re going to treat us as equals, why don’t you just give us the marriage license?” said Alan Van Capelle, executive director of Empire State Pride Agenda. “So this is a temporary but necessary fix for a longer-term problem, which is marriage equality in New York State.”

By Robert D. Novak

Thursday, May 29, 2008; Page A19

When Hillary Clinton said, "We all remember Bobby Kennedy was assassinated in June in California," she was not saying anything she had not publicly declared earlier. Yet those words sparked a political firestorm, raising among Democrats new levels of anti-Clinton sentiment and concern about Barack Obama's viability in the general election.

After Clinton cited the 1968 murder of Robert F. Kennedy as reason for remaining a candidate for the presidential nomination, I contacted many activist Democrats -- both pro-Clinton and pro-Obama. Without exception, they felt Clinton had crossed a line and inflicted a grievous wound on the party that will be difficult to heal.

This recalls Milton's 17th-century tragic poem "Samson Agonistes" -- portraying Samson as a battler. "Eyeless in Gaza" was the poet's reference not only to physical blindness but also to failure to comprehend reality. As "Hillary Agonistes," she threatens to bring down the temple of the country's oldest political party.

Clinton's infamous comments to the editorial board of the Sioux Falls (S.D.) Argus Leader last Friday came when she was asked why she was still competing in the South Dakota primary June 3. In March, when Time magazine asked her whether remaining in the race would hurt the party, she replied: "Primary contests used to last a lot longer. We all remember the great tragedy of Bobby Kennedy being assassinated in June in L.A." According to campaign sources, that has been a commonplace observation made in private by Bill Clinton.

Poor taste by the Clintons is matched by their poor knowledge of history. Kennedy's campaign against Hubert Humphrey 40 years ago is not comparable to the Clinton-Obama marathon. When he was killed, Kennedy had been a candidate for only 2 1/2 months and Humphrey for two months. Contrary to the impression given by Sen. Clinton, Kennedy was not a presumptive nominee stopped by an assassin. Humphrey enjoyed a decisive lead in delegates that Kennedy surely would have been unable to erase. As for 1992, Bill Clinton clinched the nomination in April -- not June, as his wife's claim implied.

Her recent performance has led loyal Democrats to talk to me about Clinton in the same terms that Republicans have used for 16 years, branding her as untruthful, deceitful and unscrupulous. This condemnation is not limited to Obama partisans. One seasoned Democratic operative, who voted for Clinton in his home state's primary but was not part of her campaign, said of her comments about Kennedy, "I think it was about as hideous as it gets."

The defection of famous Clinton supporters continues. The New York reformer Sarah Kovner, an ardent Clintonite and close associate of Clinton strategist Harold Ickes, turned up at an Obama rally. Investment banker (and former deputy Treasury secretary) Roger Altman, a charter "FOB" (Friend of Bill), is reported by Democratic sources to be advocating an end to the Clinton campaign despite the former president's vigorous protests.

But not all Clinton supporters have given up. Her labor backers from the American Federation of State, County and Municipal Employees (AFSCME), the American Federation of Teachers and the International Association of Machinists continue the fight. On Monday, AFSCME President Gerald McIntee elicited booing of Obama at a Clinton rally in Ponce, Puerto Rico.

The noxious atmosphere contributes to counterintuitive results in a national Newsweek-Princeton poll last week. Despite plunging Republican support thanks to an unpopular war and president and a declining economy, the survey showed a tie -- 46 percent to 46 percent -- between Obama and John McCain.

Most startling was that 19 percent of Democrats said they would vote Republican. "Will 60,000 old white women in Ohio vote for McCain and make him president?" asks a prominent Democrat.

Many Democrats, not all of them Obama supporters, feel a need to end the contest for the nomination to reduce that 19 percent slice of apostates. But it won't happen Saturday, when Democratic National Committee members meet to determine whether to seat Michigan and Florida delegates. The Clinton camp this week rejected a contemplated compromise, promising more struggle rather than reconciliation. It looked like Hillary Agonistes, eyeless in Gaza.

© 2008 Creators Syndicate Inc.

By Shailagh Murray and Karl Vick

Washington Post Staff Writers
Thursday, May 29, 2008; Page A06

Sen. Hillary Rodham Clinton's prospects of persuading Democratic officials to override party rules and recognize all delegates selected in the Florida and Michigan primaries suffered a setback yesterday after lawyers for the party ruled that no more than half of those delegations could be legally recognized.

Democratic National Committee lawyers wrote in a memo that the two states must forfeit at least half of their delegates as punishment for holding primaries earlier than DNC rules allowed. Clinton (N.Y.) prevailed in both contests, although the Democratic candidates had agreed not to campaign in Florida and Michigan, and Sen. Barack Obama removed his name from the Michigan ballot.

The DNC's Rules and Bylaws Committee is scheduled to meet Saturday to make a final determination on Florida and Michigan, which would have collectively awarded 368 convention delegates. But in the memo, party lawyers determined that full restoration, as sought by Clinton, would violate DNC rules, although it did note a loophole that would allow her to carry the challenge to the first day of the Democratic National Convention in late August.

Obama campaign manager David Plouffe told reporters that the senator from Illinois is prepared to forfeit a portion of his delegate lead, as part of a compromise to resolve the Florida and Michigan flap. "We don't think it's fair to seat them fully," Plouffe said of the two delegations. But he added, "We're willing to give some delegates here" in order to put the matter to rest.

If the current delegate tally were to hold, Plouffe said, Obama could pull within about 10 delegates of the 2,026 needed for the nomination, assuming he wins the South Dakota and Montana primaries as expected on Tuesday. The Saturday meeting is likely to increase the threshold, possibly by several dozen delegates, but campaign officials said they are confident that uncommitted superdelegates will quickly move to endorse Obama, pushing him over the finish line as early as Wednesday morning.

Plouffe said the campaign is not stockpiling superdelegates to roll out en masse, as many political observers have speculated. "We announce superdelegates as they commit to us," he said. But he said mid-next week would be "a natural time" for those who have not picked sides to finally break.

Obama is already acting like a general-election candidate. He spent the past three days in New Mexico, Nevada and Colorado -- three states that held Democratic caucuses months ago but that are expected to be swing states in November.

Clinton visited South Dakota yesterday, including a stop at Mount Rushmore. Obama aired a new TV ad in Puerto Rico, which votes Sunday, and will depart Friday on a final three-day swing through Montana and South Dakota. Clinton is expected to spend the weekend in Puerto Rico, the biggest delegate prize of three remaining contests, and where she is favored.

But her best hope for late gains is at the DNC meeting on Saturday. Clinton supporters are organizing a "Count Every Vote" rally outside the meeting site and have bombarded committee members with phone calls and Florida oranges to press their case.

Obama's campaign sent a mass e-mail to supporters yesterday, urging them not to descend on the event. Plouffe said the campaign could easily muster "thousands, if not tens of thousands, of people" to counter Clinton's turnout, but said he wants to avoid an "unhelpful scene at the close of the nomination fight."

DNC lawyers found that the Rules and Bylaws Committee acted within its rights by voiding the Florida and Michigan results, after Michigan moved its primary to Jan. 15 and Florida moved its to Jan. 29. They did so in violation of party rules that called for state parties that did not receive waivers from the DNC to schedule primaries no earlier than Feb. 5.

Speaking to reporters on a morning conference call, senior adviser Harold Ickes refused to rule out a legal challenge if the committee does not rule in Clinton's favor. "That's a bridge to cross when we come to that particular stream," he said.

Clinton also appealed directly to superdelegates. "When the primaries are finished, I expect to lead in the popular vote and in delegates earned by primaries. Ultimately the point of our primary process is to pick our strongest nominee," she wrote in a letter to undeclared superdelegates.

Saturday's pro-Clinton event is being co-organized by the Women Count PAC -- founded by five top Clinton supporters, including longtime friend and fundraiser Susie Tompkins Buell -- and a coalition of disparate other groups working under the umbrella of Count Every Vote '08.

Organizers said that they expect people to come from 26 states for the rally, as well as some major celebrity speakers, and that they are receiving logistical assistance or other support from the pro-Clinton United Federation of Teachers and Emily's List.

Count Every Vote '08 first came together in mid-March to lobby Democratic superdelegates on behalf of Clinton. Allida M. Black, project director and editor of the Eleanor Roosevelt papers at George Washington University, joined with Tompkins Buell to start Women Count PAC two weeks ago. They raised more than $250,000 and used the money to buy newspaper ads, including ones that ran in the New York Times over the weekend calling on female readers to attend Saturday's rally.

Vick reported from the Obama campaign.