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Loading ...Court: NY gov’s gay marriage order is legal
09.02.2008 3:55pm EDT
(New York City) A New York judge ruled Tuesday that Governor David Paterson (D) did not act illegally when he issued a directive ordering state agencies to recognize out-of-state same-sex marriages.
“To recognize same-sex marriages legally solemnized in other jurisdictions is consistent with New York’s common law, statutory law, and constitutional separation of powers,” said the ruling by Justice Lucy Billings in Bronx Supreme Court.The conservative Alliance Defense Fund, representing a group of Republican lawmakers, went to court accusing Paterson of overstepping his authority.
“The governor has no authority to issue directives which conflict with New York’s public policy. His actions are an assault on the democratic process,” ADF Senior Legal Counsel Brian Raum argued in court. “The future of marriage should be decided by the legislature, not executives who take matters into their own hands.”
NYS attorney’s representing Paterson argued that the governor was within his constitutional rights to issue directives to state agencies over which he has legal authority.
Paterson issued his directive in May after a midlevel appeals court ruled that a gay couple’s marriage in Canada should be recognized in New York State.
Neither the ruling nor Paterson’s directive allowed for same-sex couples to marry in New York. Both were limited to marriages performed only in California and Massachusetts and in countries which have legalized gay marriage.
In 2006, the New York Court of Appeals, the state’s highest court, ruled that same-sex couples do not have an automatic constitutional right to marry in the state. It said that the issue, however, could be taken up by the Legislature.
Last year, the Democratically-controlled New York State Assembly passed same-sex marriage legislation but the GOP-controlled Senate has refused to take up the bill.
Raum did not say if he plans an appeal.
The only way we’re going to see actual same-sex marriages in NYS is to oust the GOP from the State Senate. Republicans have controlled that institution for decades now. And quite frankly, they’re obstructionists. Every time Democrats in the lower house try to reform the family or penal code, the Senate Republicans filibuster it.
This is why New York lags behind practically every other northeastern state (except Pennsylvania) when it comes to gay rights. Everything has to be done at the local level or through executive orders because the legislature refuses to act.
We New Yorkers need to replace the Republican state senate! So we can move forward
Yay NY! Very soon we’ll be able to marry there as well. Oh how I’d love to get married at the statue of liberty or Niagra Falls. Please keep pushing legislature.
And thats why NY is go great! I Heart NY!
So effectively, same-sex marriage is legal in NY. You just have to get married in CA, MA, or Canada.
Does this mean we’re going to see a flood of NYers descend on MA clerk offices, esp since they repealed the law that imposed a block on non-residents? That would be sweet!
Very well stated, Bart. I agree, Jonathan, our CA state best get it right in CA. More TV and publication ads need to go out.
The faith-based lawyers involved with anti-gay cases must evetually realize that they are ; in fact ; opposing constitutional gurantees of freedom and equality. Law books belong in courtrooms. Bibles belong in churches. The Bible is not a book of law by any means , outside the lives of believers.
Congrats to my birth state.
Let’s hope my home state, California, gets it right in November
The amount of money the Alliance spends to care so much about gays being allowed to marry just floors me. So many people who have lost their jobs, so many children who could use that wasted money to better their lives. Waste of time and money.
Little by little America is getting there. This is another step on the road to equal rights for all citizens. Well done NY!
Ruling makes sense. Sounds like NY finally has a good governor.
Governor Paterson rocks!
Way to go NY Supreme Court. This was a proper ruling.