In Langan v. Saint Vincent's Hosp. of N.Y. (196 Misc 2d 440 [Sup Ct, Nassau County 2003]) the plaintiff had entered into a civil union with the decedent in Vermont. Recognizing that Vermont afforded the couple all of the benefits and obligations of marriage, Justice John P. Justice Dunne ruled that the plaintiff in that case was entitled to recognition as decedent's "spouse" under New York's wrongful death statute. Justice Dunne found that the plaintiff and decedent had a validly contracted civil union in Vermont, distinguishable from marriage only in title, and that it is impossible to justify, under equal protection principles, withholding the same recognition from a civil union that meets all the requirements of a marriage in New York but for the sexual orientation of its partners. Justice Dunne's decision was overturned by the Second Department in Langan v. Saint Vincent's Hosp. of N.Y. (25 AD3d 90, 802 NYS2d 476 [2d Dept 2005]) which held that full faith and credit and comity theories did not apply to the analysis of Langan's wrongful death action and that only the Legislature was empowered to act on the issue of same-sex marriages. The Second Department concluded that limiting the definition of marriage and laws pertaining to the marital relationship to only heterosexual couples, does not violate the Equal Protection Clause of either the federal or state constitutions.