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Pataki Rebuffed; Spitzer Won't Act on Gay Marriages
NewsMax ^
| 2/28/04
| Limbacher
Posted on 02/28/2004 1:46:53 PM PST by Tumbleweed_Connection
New York's conservative Republican Governor George Pataki wants gay marriages being performed in a local city stopped dead, but his Democratic attorney general Eliot Spitzer refuses to act. The conflict between the two state officials was sparked by New Paltz Mayor Jason West who began marrying gay couples Friday, despite state laws prohibiting same sex nuptials.
Last week, Pataki's Health Department sent an urgent request to Spitzer asking that he "enforce state law by seeking an injunction" against West and obtain a court declaration ruling that all his "purported" marriages were "null and void."
Spitzer, who has gained national fame for his efforts to clean up Wall Street, also is reported interested in running for Patakis job in 2006 --- and he doesnt want to tee off any of the Democratic party special interests.
According to Newsday Pataki left no doubt where he stands on the issue. "We think the law in New York, for centuries, has been very clear that marriage in New York State is between a man and a women," Pataki said.
Spitzer was not on board, however. Newsday reported that after hours of delaying any action while his aides continued to indicate that Spitzer considered the New Paltz weddings to be illegal, he finally announced he was not going to act.
He said he had told Pataki's office there would be no injunction long before the governor "pretended to ask us to get one."
"We are not seeking an injunction against the New Paltz mayor or others solemnizing same-sex marriages," Spitzer said. "The standard for an injunction is immediate and irreparable harm, and that standard cannot be met. The validity of the marriages will be determined in the courts in due course."
There is no "gender specific" language in New York's marriage law limiting marriage to opposite sex individuals, legal experts told Newsday. As a result, a panel of New York City's Bar Association concluded in 2001 that same-sex marriages probably are permissible.
But they have never been performed, and according to the Long Island daily, the New York Department of Health has advised clerks around the state not to issue marriage licenses to same-sex couples, basing that position on several lower court rulings, some involving the voiding of marriages when one partner did not know the other was of the same sex until after they were wed.
Under the New York marriage law mayors are authorized to marry couples, but a "license" issued by a town clerk is "necessary."
Should the mayor be guilty of a misdemeanor by violating that provision he can have his power to perform marriages suspended for 90 days.
In the case of New Paltz, the town clerk has refused to issue licenses for any of the same-sex marriages West conducted Friday.
While Spitzer himself declined to express an opinion, spokesmen for both Spitzer and the state's health department said Friday that because of that, the mayor's actions were clearly not valid.
But, adds Newsday, there is another facet that complicates the situation. Experts claim that the state's marriage law provides that even when a mayor violates the law and marries a couple without a license, the marriage itself is valid.
"So, if it turns out same-sex marriages are permissible, couples that wed Friday may have a legally valid marriage," Newsday speculated.
TOPICS: Crime/Corruption; Government; Politics/Elections; US: New York
KEYWORDS: civilunion; gaymarriage; homosexualagenda; law; lawbreakers; marriage; newpaltz; pataki; prisoners; samesexmarriages; spitzer; stunt
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Liberalism, winning with unelected judges, dead people, and a media which felt they had destroyed both marriage and the Constitution.
To: Tumbleweed_Connection
2
posted on
02/28/2004 1:48:15 PM PST
by
FBD
(...Please press 2 for English...for Espanol, please stay on the line...)
To: Tumbleweed_Connection
You can bet that if a NY mayor said he was allowing merchants in his town to sell untaxed cigarettes, Spritzer would be on the case in about 5 minutes.
3
posted on
02/28/2004 1:49:34 PM PST
by
07055
To: Tumbleweed_Connection
New York's conservative Republican Governor George Pataki
While it is NY, I would hardly call Pataki a conservative Republican...
To: Tumbleweed_Connection
DIS-integration continues.
5
posted on
02/28/2004 1:50:46 PM PST
by
AEMILIUS PAULUS
(Further, the statement assumed)
To: Tumbleweed_Connection
As a result, a panel of New York City's Bar Association concluded in 2001 that same-sex marriages probably are permissible. Pulled that one out of the hat, didn't they?
6
posted on
02/28/2004 1:51:22 PM PST
by
madprof98
To: Tumbleweed_Connection
The rot of liberalism has spread even to the California Supreme Court that refuses to enforce the law. I'm not optimistic about how things are going in America. Rest assured, the Left's assault on the institutions of our society and our system of government will gather speed. If they can get away with this, they can get away with anything and nothing will stop them from remaking America in their image.
7
posted on
02/28/2004 1:52:34 PM PST
by
goldstategop
(In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
To: AEMILIUS PAULUS; NormsRevenge; Grampa Dave; onyx; Brad's Gramma; Howlin
8
posted on
02/28/2004 1:54:36 PM PST
by
Ernest_at_the_Beach
(The terrorists and their supporters declared war on the United States - and war is what they got!!!!)
To: Tumbleweed_Connection
"The standard for an injunction is immediate and irreparable harm, and that standard cannot be met. The validity of the marriages will be determined in the courts in due course."Technically, that's correct. These people are not married at all, and there is no irreparable harm done to anyone other than themselves, due to their playing at make-believe marriage.
9
posted on
02/28/2004 1:55:54 PM PST
by
Luis Gonzalez
(Unless the world is made safe for Democracy, Democracy won't be safe in the world.)
To: Ernest_at_the_Beach
What is this crap of Democrats NOT enforcing the laws of a state/country?
10
posted on
02/28/2004 1:55:56 PM PST
by
Howlin
(Just another unrepentant Bush supporter.)
To: Tumbleweed_Connection
...basing that position on several lower court rulings, some involving the voiding of marriages when one partner did not know the other was of the same sex until after they were wed.Hmmm..
11
posted on
02/28/2004 1:56:45 PM PST
by
AntiGuv
(When the countdown hits zero, something's gonna happen..)
To: goldstategop
It seems like the door has been opened to total lawlessness. Maybe the Pubbies need to start playing by the same rules. Let's see...Republican mayors can close all abortion clinics in their cities. They can issue concealed carry permits even in states that don't allow it. Why shouldn't they do this if the law doesn't matter any more?
12
posted on
02/28/2004 1:56:58 PM PST
by
07055
To: Tumbleweed_Connection
"Spitzer, who has gained national fame for his efforts to clean up Wall Street, also is reported interested in running for Patakis job in 2006 --- and he doesnt want to tee off any of the Democratic party special interests. "
Pretty much explains it all,I would dare say this is affecting the actions of California officials as well.
13
posted on
02/28/2004 1:58:09 PM PST
by
Redcoat LI
("If you're going to shoot,shoot,don't talk" Tuco BenedictoPacifico Juan Maria Ramirez)
To: Tumbleweed_Connection
Did you divorce your wife because homosexuals are getting "married"?
14
posted on
02/28/2004 1:58:18 PM PST
by
xrp
To: Howlin; calcowgirl; NormsRevenge
Well, it's not just California!
15
posted on
02/28/2004 2:01:26 PM PST
by
Ernest_at_the_Beach
(The terrorists and their supporters declared war on the United States - and war is what they got!!!!)
To: 07055
I agree. It's time some Republican mayor did that just to see what would happen. Given that we are no longer a country of laws but of men, I see no problem with it.
16
posted on
02/28/2004 2:03:12 PM PST
by
garbanzo
(Free people will set the course of history)
To: Howlin
Spitzer was not on board, however. Newsday reported that after hours of delaying any action while his aides continued to indicate that Spitzer considered the New Paltz weddings to be illegal, he finally announced he was not going to act. Same pattern as Lockyer.
They were probably checking with the judges before they made their next move. This clearly is an action the left has been working on setting up for years!
See post #6!
17
posted on
02/28/2004 2:04:27 PM PST
by
Ernest_at_the_Beach
(The terrorists and their supporters declared war on the United States - and war is what they got!!!!)
To: xrp
My first wife ran off to Melbourne, Australia with a lesbian she met who was on vacation. Then again, I was happy once I got over the initial shock. She coulda just asked.. ;^)
18
posted on
02/28/2004 2:04:28 PM PST
by
AntiGuv
(When the countdown hits zero, something's gonna happen..)
To: Ernest_at_the_Beach
He considers them illegal, but he's not going to do anything about it?
Why do the words "keep myself politically viable" literally jump into my mind!
When the book on this trashing of the laws and Constitution of the states and this country is written, Spitzer will get his own chapter.
19
posted on
02/28/2004 2:06:25 PM PST
by
Howlin
(Just another unrepentant Bush supporter.)
To: xrp
Might I add that I got lucky. She left just about everything, including the kid, and I didn't get shafted with support payments..
20
posted on
02/28/2004 2:07:52 PM PST
by
AntiGuv
(When the countdown hits zero, something's gonna happen..)
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