Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

N.Y. Ban on Same-Sex Marriage Struck Down
Associated Press ^ | Feb 4, 6:32 PM EST | SAMUEL MAULL

Posted on 02/04/2005 5:06:13 PM PST by Former Military Chick

NEW YORK (AP) -- A judge declared Friday that a law banning same-sex marriage violates the state constitution, a first-of-its-kind ruling in New York that would clear the way for gay couples to wed if it survives on appeal.

Gay rights activists hailed the ruling as a historic victory that "delivers the state Constitution's promise of equality to all New Yorkers."

"The court recognized that unless gay people can marry, they are not being treated equally under the law," said Susan Sommer, a Lambda Legal Defense Fund lawyer who presented the case. "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."

State Supreme Court Justice Doris Ling-Cohan ruled in favor of five gay couples who had been denied marriage licenses by New York City. The Supreme Court is New York's trial level court.

The couples brought a lawsuit arguing they were denied legal protections guaranteed under the constitution. The judge agreed and said the New York City clerk may not deny a license to any couple solely because the two are of the same sex.

"Under both the federal and New York State constitutions, it is beyond question that the right to liberty" extends to protect marriage, Ling-Cohan wrote.

The ruling will not take effect for at least 30 days. The city Law Department issued a statement saying only, "We are reviewing the decision thoroughly and considering our options."

The judge ordered a copy of her decision sent to the state attorney general, who was not involved in the case. Calls to Attorney General Eliot Spitzer's office were not immediately returned.

Interactives Laws of the Land: Making Sense of Marriage vs. Civil Unions

Latest News N.Y. Ban on Same-Sex Marriage Struck Down Gay-Marriage Amendment Put on Kan. Ballot

Bill to Fix Utah Gay-Marriage Ban Loses

Gay Rights Group Challenging Marriage Ban

Same-Sex Couples in Mass. Tackle Taxes

Kevin Quinn, spokesman for Republican Gov. George Pataki, said, "The governor strongly believes that the judge's decision is wrong," adding that "New York's marriage laws are clear that marriage is between a man and a woman."

The ruling applies only in the city, but could extend statewide if upheld by the Court of Appeals in Albany.

Mathew Staver, president of Liberty Counsel, said he was "disappointed" by the decision. "Redefinition of a law's terms is for the legislature to do, not for a judge. She's an activist judge legislating from the bench."

Mary Jo Kennedy and Jo-Ann Shain, one of the couples in the case, said they were thrilled by the ruling and believed it would offer their family increased legal protection. They have been together 23 years and have a 15-year-old daughter.

"We're just overjoyed," said Shain. "We didn't think it would ever happen.

Kennedy said she wants to marry Shain as soon as possible. "I can't wait," she said. "We went to buy a (marriage) license in March 2004 and couldn't get it. That's what started this whole thing."

The judge noted that one plaintiff in the case, Curtis Woolbright, is the son of an interracial couple who moved to California in 1966 to marry. She said California then was the only state whose courts had ruled that interracial marriage prohibitions were unconstitutional.


TOPICS: News/Current Events; US: New York
KEYWORDS: gayrights; homosexualagenda; marriage; ny; samesexmarriage
Sometimes I feel this is issue is a bad tennis set. Back and fourth -- no resolution.
1 posted on 02/04/2005 5:06:13 PM PST by Former Military Chick
[ Post Reply | Private Reply | View Replies]

To: Former Military Chick
Sometimes I feel this is issue is a bad tennis set. Back and fourth -- no resolution.

This is why we need a Constitutional Amendment. Game, Set, and Match.

2 posted on 02/04/2005 5:09:23 PM PST by Always Right
[ Post Reply | Private Reply | To 1 | View Replies]

To: Former Military Chick

Exactly what part of the NY constitution (or any other state for that matter) promotes or allows - SPECIFICALLY- gay marriage?

None - it's activist judges who are legislating from the bench.


3 posted on 02/04/2005 5:11:16 PM PST by TheBattman (Islam (and liberals)- the cult of Satan)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Always Right

xactly....hence, you are always right.


4 posted on 02/04/2005 5:12:08 PM PST by anniegetyourgun
[ Post Reply | Private Reply | To 2 | View Replies]

To: Former Military Chick
""The court recognized that unless gay people can marry, they are not being treated equally under the law," said Susan Sommer, a Lambda Legal Defense Fund lawyer who presented the case."

It would seem reasonable to assume that under such a ruling that anyone could get married to anyone regardless of just about any restrictions. I mean if you cannot restrict marriage based upon sex, which is a fundamental part of the definition of marriage, then how can you restrict any other aspect.
5 posted on 02/04/2005 5:13:12 PM PST by Texas_Jarhead (I believe in American Exceptionalism! Do you?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Former Military Chick

Doris Ling-Cohan, now that's a Democratic name if ever I've heard one! A Democratic judicial activist no doubt!


6 posted on 02/04/2005 5:14:09 PM PST by hillary's_fat_a**
[ Post Reply | Private Reply | To 1 | View Replies]

To: Always Right

You beat me to the punch!


7 posted on 02/04/2005 5:14:15 PM PST by Alaska007
[ Post Reply | Private Reply | To 2 | View Replies]

To: Former Military Chick
What about the ban on "Offensive speech in public?"
8 posted on 02/04/2005 5:14:19 PM PST by RetroWarrior ("We count it death to falter, not to die")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Former Military Chick
Are we are headed toward another, actual, civil war based on cultural ideas? The majority might get fed up with this and other things being forced upon them and their children, and if the American representative process offers no recourse...
9 posted on 02/04/2005 5:16:08 PM PST by DTogo (U.S. out of the U.N. & U.N out of the U.S.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Former Military Chick
Equal protection - gay people can marry just as often as heterosexual people. There is absolutely no restriction on sexual orientation for marriage.

The only requirement is that it be a man and a woman. Someone get that judge a dictionary.
10 posted on 02/04/2005 5:25:48 PM PST by kingu (Which would you bet on? Iraq and Afghanistan? Or Haiti and Kosovo?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Former Military Chick

Yet another reason everybody needs write and call their
elected representatives (congressmen ,and or Senators and
demand the Federal Marriage Amendment be passed to the people immediatly to remove the definition of marriage from the queer lot in black robes.And avoid further divisions in this nation.Marriage is the union of one man and one woman in Holy matrimony.No substitutes-nothing else
can compare And any freaking Mere politician who does NOT
agree does NOT represent me or my interests and I WILL NOT
follow where they wish to lead.(the end thereof is death)


11 posted on 02/04/2005 5:33:45 PM PST by StonyBurk
[ Post Reply | Private Reply | To 1 | View Replies]

To: Former Military Chick

IM a simple guy. So this means the poofters can marry each other. NOT that anything is wrong with that.


12 posted on 02/04/2005 5:37:42 PM PST by JOE6PAK (...diagonally parked in a parallel universe.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Former Military Chick

It's sure convenient how these cases end up being decided by Clinton appointees.


13 posted on 02/04/2005 5:45:20 PM PST by digger48
[ Post Reply | Private Reply | To 1 | View Replies]

To: Texas_Jarhead
The court recognized that unless gay people can marry, they are not being treated equally under the law," said Susan Sommer, a Lambda Legal Defense Fund lawyer who presented the case.

This ruling has a major flaw. The judge says the gays are being denied the right to be married and that is not true. They are just being denied the right to marry people of the same sex. They can marry anyone of the opposite sex they wish. A ban on same sex marriages should be a no brainer and should never even have to be enacted. The definition of marriage is a union between two people of the opposite sex. This is a liberal judge passing on his prejudices to all the people and not upholding law, but trying to make it. If they appeal this I am sure eventually the ban will be upheld. It violates no constitutional right.

14 posted on 02/04/2005 5:47:56 PM PST by calex59
[ Post Reply | Private Reply | To 5 | View Replies]

To: Former Military Chick
"The court recognized that unless gay people can marry, they are not being treated equally under the law," said Susan Sommer, a Lambda Legal Defense Fund lawyer who presented the case.

This very same argument could be used to allow polygamous marriage. "If we don't allow polygamists to marry, they are not being treated equally under the law".

Besides, gay people already have the right to marry in all 50 states. Gay people just can't marry each other.

15 posted on 02/04/2005 5:50:07 PM PST by judgeandjury
[ Post Reply | Private Reply | To 1 | View Replies]

To: calex59

Exactly. It's like what I say in conversation with other on this issue. I and any queer have the same right to marry any person of legal age and of the opposite sex that we desire. Same rights and restrictions apply to both of us.


16 posted on 02/04/2005 5:55:05 PM PST by Texas_Jarhead (I believe in American Exceptionalism! Do you?)
[ Post Reply | Private Reply | To 14 | View Replies]

To: Always Right
This is why we need a Constitutional Amendment. Game, Set, and Match.

I'm afraid that is what it will take. Normally I don't think we need an admendment but we need to settle this so this is the only way I can think of to do it. Otherwise it will be like World War I where our side takes a few feet and then their side does the same to us and we go back and forth.
17 posted on 02/04/2005 5:59:27 PM PST by Nowhere Man (We have enough youth, how about a Fountain of Smart?)
[ Post Reply | Private Reply | To 2 | View Replies]

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson