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Loading ...NY gov seeks dismissal of gay marriage order suit
08.07.2008 4:36pm EDT
(New York City) Lawyers for a group of New York taxpayers and lawmakers told a court in the Bronx Thursday that Gov. David Paterson acted illegally when he issued a directive ordering state agencies to recognize out-of-state same-sex marriages.
“The governor should respect New York’s marriage laws over the laws of foreign jurisdictions. Governor Paterson is overstepping his authority and the democratic process by issuing a directive at odds with New York public policy on marriage,” said Alliance Defense Fund Senior Legal Counsel Brian Raum.The Arizona-based ADF is involved in lawsuits fighting LGBT issues across the country.
“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,” Raum argued in Supreme Court, the lowest level court in New York state.
“The future of marriage should be decided by the legislature, not executives who take matters into their own hands,” Raum argued.
“New Yorkers have a fundamental right to set marriage policy through the legislative process, but the governor has ordered a radical redefinition of marriage without the consent of the governed. Ignoring the democratic process does not help the government in its duty to promote and encourage strong families.”
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. They asked the judge to dismiss the case.
The court gave no indication when it might rule. It is likely the case will be argued up to the Court of Appeal, New York’s highest court.
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.
Among the Republican lawmakers represented by the ADF in the lawsuit is state Assembly minority leader James Tedisco.
Evidently the Alliance Defense Fund lawyers have never heard of the “Full Faith And Credit” clause of the U.S. Constitution. Not surprising, if they got their law degrees at Regents’ or Liberty law schools.
Father Raymond
San Diego CA USA
“Arizona-based ADF” right there’s your answer. The Gov should tell them to GTF out of New York and back to their own state where they can be a bigoted as they want to be. Seriously. It should be illegal for out of state sh*t stirrer bigot groups like this to even attempt to file suit in a state where they do not reside. Same thing with the Virginia bigots who got the California initiative on the ballot.
Here we go again - 1 step forwards and 2 steps back - Are we going through the same shit as 20 years ago when it is STILL ok to blatantly segregate, humiliate and try to anhilate gay prople. There should be more outcry about this. Kick the dog, the dog bites the cat and we are still the last bastian of acceptable hatred with the bullseye still painted on our foreheads. For Fu**s sake, this is deplorable and no-one gives a sh*t !!
Not surprised to see the ADF alive and well across the country up in NY. Equality of human rights should be a natural birth given right, not because, he said, she said. It is sad to hear all the reasons the ADF has for not wanting freedom of rights….cause it hurts alot of people who are left out.
Thank you. That was the first thing I thought of when reading Mr. Raum’s response. And this guy is a lawyer? From what country?
It IS the responsibility of state leaders to enforce the FEDERAL constitution over state statutes.
How does a lawyer manage to go through all those years of school without taking one Civics 101 class?
I went to the ADF site, and some of their affiliates (and their opponents) and read about the right wing agenda and their goals. It is absolutlely disgusting how these hateful bigots truly want control over all the US and state governments, our institutions, and all the people that reside within the US borders. They have no tolerance for anyone or anything unless one believes purely as they demand. It is nothing but absolute totaliarian Christian fundamentalism, just like the Taliban and Al Qaeida. If they succeed, AND I HOPE THEY DO NOT, we will have another Inquisition in power, just like 500 years ago. May the Universe, and Free People everywhere, stop them from their quest which could eventually lead to imprisonment and death for their opponents, AND all LGBT people. Please do NOT let those religious nuts gain control of the courts. The courts are the minorities ONLY defense against a ‘tyrany of the majority and the monitarily powerful’.
“…The future of marriage should be decided by the legislature, not executives who take matters into their own hands,” Raum argued…”
Yeah, riiiiiiight. Here in California these groups whined that the courts should make the decision. Then the courts ruled in our favor, so they said the Legislature should make the decision. So our legislature TWICE passed PRO-Gay Marriage legislation, which Schwarzennegar vetoed. Then the Calif supreme court Dismissed Prop 22 as unconstitutional (Which these fucks came here to write then fight for). Now these fucks are saying ‘It’s Up to the Voters - again’.
When the California voters reject their ANTI-GAY ballot measure in November, these punks will go file in the Federal Supreme Court to press their case using DOMA as their ‘precident’ to interfer in State decisions.
How to end this? DEMAND that our FEDERAL GOVERNMENT add SEXUAL ORIENTATION and TRANSGENDERS into the HATE CRIME laws.
The minute that is done, these groups have ZERO legal standing. And we can take THEM to court to stop their stupidity.
Let’s fuck them where it count: Their EGO.