Two days after George W. Bush renewed his call for a federal constitutional amendment banning gay marriage, a court in New York has just ruled that gay men and lesbians in that state must be granted the right to marry.
The court's decision, which comes in a case the Lambda Legal Foundation filed on behalf of five same-sex couples, says that the state's constitution guarantees gay men and lesbians the same basic freedoms available to heterosexuals --- and that those rights are violated when the state denies marriage licenses to gay couples.
We talked briefly this morning with Eric Ferrero, a spokesman for Lambda, who was 22 pages into the 62-page decision. His early take: The decision relies on legal reasoning similar to that followed by the Massachusetts Supreme Judicial Court when it ruled in favor of marriage equality, but this one may be "stronger and more solidly worded."
In a statement emailed to reporters, Lambda attorney Susan Sommer called the decision a "historic ruling that delivers the state Constitution's promise of equality to all New Yorkers." She said that the court "recognized that unless gay people can marry, they are not being treated equally under the law. Same-sex couples need the protections and security marriage provides, and this ruling says they're entitled to get them the same way straight couples do."
The decision comes from the New York Supreme Court, which, contrary to what its name suggests, is not the state's highest court. An appeal can be made to the Appellate Division of the Supreme Court, and then to New York's Court of Appeals. Today's ruling is a beginning in New York, but it's a long way from an end.
From Salon.com btw.
― Alex in SF (Alex in SF), Friday, 4 February 2005 20:08 (twenty-one years ago)
― Alex in SF (Alex in SF), Friday, 4 February 2005 20:10 (twenty-one years ago)
― phil-two (phil-two), Friday, 4 February 2005 20:12 (twenty-one years ago)
― the polo grounds (Jody Beth Rosen), Friday, 4 February 2005 20:13 (twenty-one years ago)
― The Ghost of Dan Perry (Dan Perry), Friday, 4 February 2005 20:14 (twenty-one years ago)
― Alex in SF (Alex in SF), Friday, 4 February 2005 20:14 (twenty-one years ago)
― The Obligatory Sourpuss (Begs2Differ), Friday, 4 February 2005 20:15 (twenty-one years ago)
― Michael White (Hereward), Friday, 4 February 2005 20:16 (twenty-one years ago)
― Alex in SF (Alex in SF), Friday, 4 February 2005 20:19 (twenty-one years ago)
― the polo grounds (Jody Beth Rosen), Friday, 4 February 2005 20:21 (twenty-one years ago)
― Dr Morbius (Dr Morbius), Friday, 4 February 2005 20:22 (twenty-one years ago)
― the polo grounds (Jody Beth Rosen), Friday, 4 February 2005 20:23 (twenty-one years ago)
xxpost
― Michael White (Hereward), Friday, 4 February 2005 20:23 (twenty-one years ago)
― The Ghost of Dan Perry (Dan Perry), Friday, 4 February 2005 20:25 (twenty-one years ago)
― The Ghost of Dan Perry (Dan Perry), Friday, 4 February 2005 20:51 (twenty-one years ago)
― phil-two (phil-two), Friday, 4 February 2005 20:52 (twenty-one years ago)
― Alex in SF (Alex in SF), Friday, 4 February 2005 20:52 (twenty-one years ago)
― Amateur(ist) (Amateur(ist)), Friday, 4 February 2005 21:02 (twenty-one years ago)
― The Ghost of Dan Perry (Dan Perry), Friday, 4 February 2005 21:03 (twenty-one years ago)
― Amateur(ist) (Amateur(ist)), Friday, 4 February 2005 21:04 (twenty-one years ago)
― n/a (Nick A.), Friday, 4 February 2005 21:15 (twenty-one years ago)
― Casuistry (Chris P), Friday, 4 February 2005 21:45 (twenty-one years ago)
In a particularly infuriating and reactionary way.
"The law assumes that a marriage will produce children and affords benefits based on that assumption. It sets up heterosexual marriage as the cultural, social and legal ideal in an effort to discourage unmarried childbearing," they said, adding:
"Marriage laws are not primarily about adult needs for official recognition and support but about the well-being of children and society, and such preference constitutes a rational policy decision."
― Hunter (Hunter), Friday, 9 December 2005 17:40 (twenty years ago)
― Huk-L (Huk-L), Friday, 9 December 2005 17:49 (twenty years ago)
― kingfish trampycakes (kingfish 2.0), Friday, 9 December 2005 18:06 (twenty years ago)
Hunter to Appellate Division: DROP DEAD.
― Hunter (Hunter), Friday, 9 December 2005 18:12 (twenty years ago)
― Allyzay must fight Zolton herself. (allyzay), Friday, 9 December 2005 18:25 (twenty years ago)