B.S. v. F.B.
Supreme Court of New York, Appellate Division
883 N.Y.S.2d 458 (N.Y. App. Div. 2009)
B.S. and F.B. (plaintiff and defendant) were in a same-sex relationship for over 14 years, participated in a Buddhist marriage ceremony in New Mexico, and later entered into a Vermont civil union; after their relationship ended, B.S. petitioned for dissolution of the "marriage" under state law seeking support and exclusive use of the house. F.B. moved to dismiss, arguing New York lacked jurisdiction because it does not recognize same-sex marriage and the civil union itself might be void under Vermont law given the prior Buddhist ceremony.
Whether a same-sex civil union entered into in another state constitutes a legal marriage in New York that a New York court can dissolve through divorce.