Skip to comments.
State appeals court reverses ruling that allowed gay marriage in NYC
Associated Press ^
| Samuel Maull
Posted on 12/08/2005 1:16:04 PM PST by jmyrlefuller
click here to read article
Navigation: use the links below to view more comments.
first 1-20, 21-22 next last
To: jmyrlefuller
2
posted on
12/08/2005 1:17:35 PM PST
by
Khepera
(Do not remove by penalty of law!)
To: jmyrlefuller
3
posted on
12/08/2005 1:17:35 PM PST
by
Khepera
(Do not remove by penalty of law!)
To: jmyrlefuller
"We find it even more troubling that the court, upon determining the statute to be unconstitutional, proceeded to rewrite it and purportedly create a new constitutional right," the appeals court said. Activist judiciary? Where? Who?
4
posted on
12/08/2005 1:19:31 PM PST
by
Rummyfan
To: jmyrlefuller
Bwaaaaaaaaahhhhhaaaaahhahahaha!!!!!
5
posted on
12/08/2005 1:20:45 PM PST
by
gedeon3
To: jmyrlefuller
And who is Judge Hyphenated-name?
Can we guess?
6
posted on
12/08/2005 1:20:48 PM PST
by
digger48
To: jmyrlefuller
"We find it even more troubling that the court, upon determining the statute to be unconstitutional, proceeded to rewrite it and purportedly create a new constitutional right," the appeals court said. Gee, you mean a judge can't do that??? /sarcasm
To: jmyrlefuller
"We find it even more troubling that the court, upon determining the statute to be unconstitutional, proceeded to rewrite it and purportedly create a new constitutional right," the appeals court said. ------------------------------ Re-writing the constitution on the fly. Gee, I wonder where she got that idea.
8
posted on
12/08/2005 1:21:48 PM PST
by
NavVet
(“Benedict Arnold was wounded in battle fighting for America, but no one remembers him for that.”)
To: txroadkill
"Gee, you mean a judge can't do that??? "
Somebody should tell Margaret Marshall.
9
posted on
12/08/2005 1:22:42 PM PST
by
Andy'smom
To: jmyrlefuller
I'd bet this case is going to the New York State Court of Appeals, NY's "Supreme Court" without the name. We'll see how they rule.
To: jmyrlefuller
11
posted on
12/08/2005 1:53:17 PM PST
by
Thanatos
To: Andy'smom
We need recall and elected Judges.
12
posted on
12/08/2005 1:54:11 PM PST
by
Little Bill
(A 37%'r, a Red Spot on a Blue State, rats are evil.)
To: Little Bill
We have elected State Supreme Court Judges in New York. They're pretty much all liberal Democrats in New York City. The Republicans usually cross-endorse these judges, or they run unopposed.
I don't think the Appellate Division judges are elected. I know the NYS Court of Appeals judges are appointed by the governor.
To: jmyrlefuller
Woo-boy, they have just gone into DEFCON 3 at the NY Times. They will be sputtering in tomorrow's edition from page one to the editorials. Can't wait...
14
posted on
12/08/2005 1:57:47 PM PST
by
Pharmboy
(The stone age didn't end because they ran out of stones.)
To: jmyrlefuller
three paragraphs from the ruling:
"We find that the motion court erred in granting plaintiffs summary judgment and finding the provisions of the DRL unconstitutional to the extent that they do not permit same-sex marriage. However, we find it even more troubling that the court, upon determining the statute to be unconstitutional, proceeded to rewrite it and purportedly create a new constitutional right, an act that exceeded the court's constitutional mandate and usurped that of the Legislature.
As we stated in Raum v Restaurant Assocs. (252 AD2d 369, 370 [1998], appeal dismissed 92 NY2d 946 [1998]), "[s]ince it is not within the judicial province to redefine terms given clear meaning in a statute, [a] plaintiff's sole recourse [in such instance] lies in legislative action" (see also Greenwald v H & P 29th St. Assocs., 241 AD2d 307 [1997]; Matter of Cooper, 187 AD2d 128 [1993], appeal dismissed 82 NY2d 801 [1993]). Here, the relevant provisions of the DRL, despite the absence of an express prohibition against same-sex marriage, clearly do not contemplate such unions (2004 Ops Atty Gen No. I 2004-1, at 1005 [*6]["the inclusion in the DRL of gender-specific terms to describe parties to a marriage, as well as the historical context of its enactment, indicates that the Legislature did not intend to authorize same-sex marriage"]). Generally, in such circumstances, "courts [should not] correct supposed . . . omissions or defects in legislation" (McKinney's Cons Laws of NY, Book 1, Statutes § 73, 1 at 147-148 [1971]).
The role of the courts is "to recognize rights that are supported by the Constitution and history, but the power to create novel rights is reserved for the people through the democratic and legislative processes" (Goodridge v Dept. of Pub. Health, 440 Mass 309, 356, 798 NE2d 941, 978 [2003] [Spina, J., dissenting]). Deprivation of legislative authority, by judicial fiat, to make important, controversial policy decisions prolongs divisiveness and defers settlement of the issue; it is a miscarriage of the political process involved in considering such a policy change (see Ruth Bader Ginsburg, Speaking in a Judicial Voice, 67 NYU L Rev 1185, 1205-1208 [1992] [urging a measured approach in judicial decisionmaking and citing in contrast the Supreme Court's Roe v Wade decision, which prematurely ended the political process for legislative change on the abortion issue and resulted in protracted controversy])."
15
posted on
12/08/2005 1:57:52 PM PST
by
Thanatos
To: digger48
She looks a little bit like a pretty version of Margaret Cho:
16
posted on
12/08/2005 2:01:18 PM PST
by
Pharmboy
(The stone age didn't end because they ran out of stones.)
To: jmyrlefuller
17
posted on
12/08/2005 2:01:29 PM PST
by
jw777
To: conservative in nyc
The problem in Mass is that we can't get at them except through the General Court, Artical 8, Mass Constitution.
There isn't a milligram of nads among our 200 Commissars.
18
posted on
12/08/2005 2:18:55 PM PST
by
Little Bill
(A 37%'r, a Red Spot on a Blue State, rats are evil.)
To: Little Bill
According
Wikipedia, the Appellate Division judges are appointed by the governor from elected NYS Supreme Court judges. But they don't need to be elected from the Department from which they serve - so conservative Upstaters and RINOish Long Island judges can be appointed to the department that includes New York City.
To: jmyrlefuller
Wow! From New York, yet. Maybe there is hope.
20
posted on
12/08/2005 3:07:42 PM PST
by
Mind-numbed Robot
(Not all that needs to be done needs to be done by the government.)
Navigation: use the links below to view more comments.
first 1-20, 21-22 next last
Disclaimer:
Opinions posted on Free Republic are those of the individual
posters and do not necessarily represent the opinion of Free Republic or its
management. All materials posted herein are protected by copyright law and the
exemption for fair use of copyrighted works.
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson