NEW YORK, NY September 03, 2008 —A New York State court is supporting Gov. David Paterson's directive to recognize out of state same sex marriages. A judge has tossed out a legal challenge to the policy. Susan Sommer is an attorney with Lambda Legal, which represented a same sex couple who got married.

SOMMER: I'm hopeful that this case can put to rest - at least at this level - these ongoing attacks by this small faction that just can't tolerate the idea that long term committed same sex couples should be treated with fairness in New York.

REPORTER: Sommer says the couple she was defending adopted a child with special needs. The legal victory means they can take advantage of each other's health insurance.