NY Gay Marriage Ruling Overturned

NY Gay Marriage Ruling Overturned

by Doug Windsor, 365Gay.com New York Bureau
Posted: December 8, 2005 5:00 pm ET

(New York City) A New York State appeals court on Thursday overturned a ruling that the state ban on same-sex marriage was unconstitutional.
The state Supreme Court's Appellate Division ruled 4-1 that New York City judge Doris Ling-Cohan erred in her ruling last February and then proceeded to wrap her knuckles for the way she did it.
"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 four majority justices said.
A dissenting opinion by the fourth justice said that denying the rights and benefits of marriage to New York State's gay and lesbian "residents is contrary to the basic principles underlying our constitution, our legal system and our concepts of liberty and justice, and perpetuates a deeply ingrained form of legalized discrimination."
In her ruling Ling-Cohan said the state's ban on gay marriage was not only unconstitutional but also t hat the New York City clerk may not deny a marriage license solely because a couple is of the same sex. (story)
The case was brought by 5 gay and lesbian couples from Manhattan. The were represented by Lambda Legal.
Today's appellate ruling was the result of an appeal by New York City Mayor Michael Bloomberg.
Lambda Legal said it is anxious to argue the case before the state's highest court. Ling-Cohan put her ruling on hold because of the appeal.
"While we believe the trial court got it right, we anticipated that this case would be heard before the state's high court," said Susan Sommer, Senior Counsel at Lambda Legal and lead attorney on the case.
"This is a question of basic constitutional rights for same-sex couples and their families, and history shows that fairness under the law will eventually prevail."
The state's largest LGBT civil rights group also said it expects gay couples will ultimately win in the high court and took issue with today's majority ruling that attacked judge Ling-Cohan.
"Our state constitution guarantees equal treatment for all New Yorkers," said Empire State Pride Agenda executive director Alan Van Capelle.
"Judges have not only a right but an obligation to interpret the state’s constitution and assert the rights of every citizen. We expect the high court will take this case and are optimistic that they will reaffirm this important principal of equal treatment by ruling in our favor."
The case is one of three currently working their way up the legal system to New York State's highest court.
In October an appeals court in Albany heard arguments in another of the cases. This one involved 12 same-sex couples and stemmed from a lower court ruling that said only the legislature could decide whether gay and lesbian couples can wed. (story)
Among the litigants is New York State Assemblyman Danny O'Donnell and his partner John Banta. (story) O'Donnell is the brother of Rosie O'Donnell. The appeals court has not ruling in the case
The third suit involves many of the same-sex couples who tried to marry in New Platz.
It is expected that all three cases eventually will reach New York's highest Court, the Court of Appeal. It is also expected that the three cases will be rolled together so that the justices can issue a single ruling on same-sex marriage.