New York, NY —

New Yorkers have been digesting the news that gay marriages will be recognized – if not exactly legal – in the New York State. Yesterday Gov. David Paterson acknowledged he gave an order two weeks ago for agencies to recognize same sex marriages performed in places like California and Canada. WNYC’s Ilya Marritz has this look at what’s in Paterson’s order.

REPORTER: The news stunned ordinary New Yorkers, and the political establishment.

BRUNO: Yes I am surprised. I haven’t talked with the governor about it.

REPORTER: Apparently Paterson hadn’t shared his decision with State Senate Majority Leader Joseph Bruno. At a morning news conference in Albany, Bruno questioned whether Paterson has the authority to give the order to recognize marriages performed in Canada or California. And hinted he might take action.

BRUNO: The executive branch is a separate branch from the legislature and the judiciary, three equal branches of government, by constitution. And if necessary, we will test it.

REPORTER: Further down the legislative totem poll, there was joy and dismay. Assemblyman Daniel O’Donnell – brother of Rosie – talked of making Niagara Falls the gay honeymoon capital of the world. State Sen. Ruben Diaz, an ordained minister, said he was disappointed.

Clearly, an explanation was in order. Paterson called a news conference at his Midtown office, and justified his decision on a legal basis.

PATERSON: On Feb. 1 of 2008 we reached an Appellate Court Decision in the fourth department in the case of Martinez v. Monroe County.

REPORTER: In that case, New York’s highest court found that an upstate woman was entitled to health benefits because she had gotten married – in Canada – to a female community college employee.

The Martinez ruling, Paterson said, left him no choice.

PATERSON: If I didn’t take this action, I would leave this state open to lawsuits. I would leave the state treasury open to monetary damages.

REPORTER: Next item on the governor’s calendar: a meeting with Bruno.

Did you talk with the governor about gay marriage?

BRUNO: We didn't talk, we were talking about economic development, job creation, the financial community.

REPORTER: You didn’t talk at all about gay marriage?

BRUNO: No we really didn’t. Staffs are gonna be reviewing what’s going on.

REPORTER: And so on Thursday gays and lesbians in New York were puzzling over their new reality.

David Buckel is an attorney at Lambda Legal Defense and Education Fund. He says any gay or lesbian couple considering a wedding at a Quebec chateau should first think hard about how it affects their other rights, especially federal rights.

BUCKEL: Because a same sex couple will face discrimination that others do not, they have to think about what it will mean if one or both is in the military because of "Don’t Ask Don’t Tell," one of them is on an immigration visa, gets public assistance or is thinking about adopting.

REPORTER: Buckel says Paterson’s order prompted a fresh spike in inquiries from interested gay and lesbian couples. They’ve been contacting Lambda in large numbers ever since the California court made its ruling.

Turns out Paterson gave his order one day before the California ruling. But that fact only came to light yesterday, and reporters wanted to know why.

PATERSON: It was transparent. It was in no way our attempt to hide it from anyone. Just took you all that long to read it.

REPORTER: Several New Yorkers on their lunch break in a Midtown pedestrian plaza said they were satisfied with Paterson’s decision – get married, just don’t do it here. Julie Bracato said her Catholic faith informs her own somewhat mixed position.

BRACATO: I don’t think we should have same sex marriages in New York. If they’re gonna have it somewhere else that’s fine. But if they want to recognize it here, that’s fine with me. I mean it sounds crazy, but that’s how I feel.

REPORTER: Paterson has said he’d like to make it legal for a woman to marry a woman in or a man to marry a man in New York State. That would require an act of the legislature, and the support of Bruno.

For WNYC, I’m Ilya Marritz.