new York Court Rules In favor Of Same Sex Marriage

[Queersetti]

Same-Sex Couples Must Be Allowed To Marry In New York, Court Rules; Lambda Legal Says Decision Is ‘Historic, Well Reasoned and Fair’
Lambda Legal brought the case under the state Constitution, saying gay New Yorkers weren’t being treated equally under the law because they couldn’t marry

(New York, February 4, 2005) — A New York State court ruled today that same-sex couples must be allowed to marry, in a decision that Lambda Legal called “a historic ruling that delivers the state Constitution’s promise of equality to all New Yorkers.” Lambda Legal filed the lawsuit last year, representing five same-sex couples seeking marriage licenses in New York City.

In a 62-page decision issued this morning in New York City, State Supreme Court Justice Doris Ling-Cohan said that the New York State Constitution guarantees basic freedoms to lesbian and gay people – and that those rights are violated when same-sex couples are not allowed to marry. The ruling said the state Constitution requires same-sex couples to have equal access to marriage, and that the couples represented by Lambda Legal must be given marriage licenses.


http://www.lambdalegal.org/cgi-bin/iowa/documents/record?record=1634

 

[Pookie]

A wonderful victory. I suspect that Dubya will be dusting off his marriage amendment speeches this afternoon. This should equate to a "crisis" or "imminent threat" in his mind by now.

 

[Raimondin]

This is a significant landmark victory, and one that I hope now will catch the eye of the nation as proof how the rights of all gay people have been violated.
I hope Lamda brings this "legal model victory" here to my state (California) where there are still a large number of similar cases pending after last year's "San Francisco City Hall" same-sex marriages were carried out.
Hopefully the New York victory will be the first in a series to take up these issues nationwide and better clarify and interpret state constitutional civil rights.
I'm also wondering how this will now affect New York as I forsee a sudden influx of people wanting to move there as a result of this outcome. Time will tell...

 

[kbate]

A wonderful victory. I suspect that Dubya will be dusting off his marriage amendment speeches this afternoon. This should equate to a "crisis" or "imminent threat" in his mind by now.

I feel the fabric of the American family sliding into the nether regions already... Eternal Damnation and whatever other dire consequences have been threatened... impending doom for the institution of marriage.

Oh well then. I'm happy!

 

[deezire1900]

Woohoo!

If New York says its cool...others will follow. Now lets hope it stays this way.

(thank you HC)

 

[Shagly]

Thats cool..........until the Feds overrule the decision next week.

 

[Angel]

My state never lets me down.

 

[Never]

You live in SoCal now.

Vegas needs to get hip with the gay marriage laws. There's money to be made!

 

[WyldSpirit]

Woooooooo Hooooooooo New York!!!!! Unfortunately, it will probably be overturned, stupid religious right. I was horrified here in Oregon during the election last fall when our state adopted an amendment to the state constitution banning gay marriage. Granted, in the largest county in the state and most of the surrounding counties (the Portland metropolitan area) the constitutional amendment was voted down by 75% (we also voted against Bush by about the same percentage) but it was all the damn rednecks in the rest of the state that caused it to pass.

One thing that really sucks, if you live in a state that allows same-sex marriages, don't even think about filing one of the married filing statuses on your federal tax return. Usually the IRS follows the states individual laws when it comes to marriages, i.e. if your state recognises common-law marriage (of course, this is between opposite sex couples only now) you must follow the rules of married people. If you live in a community property state, you have to follow the community property rules of your state on your federal return for reporting your income. On every other matter, the IRS has left it up to the states to determine when a marriage begins and when a marriage ends, except same sex marriage. Even though there has been no ruling yet by Congress or the U.S. Supreme Court outlawing (or allowing, for that matter) same-sex marriages, and even though on every other marriage-related matter it has been left up to the individual state law, it is in the U.S. Tax Code that marriage is "only a legal union between a man and a woman as husband and wife" http://www.irs.gov/pub/irs-pdf/p501.pdf It's on page four of that particular publication. If you call the IRS (1-800-829-1040) they will tell you that even though your state may allow the union, the federal government does not, at this time, recognise same-sex marriages.

Anyway, just thought I'd pass on the information. How's that for some serious discrimination at the federal level!

 

[Netzach]

If there is one place that the religious right still probably can't score a victory, that is it.

And now I think I know where M and I are going on our honeymoon and probably having our wedding ceremony -- if opposite-sex couples who favor gay marriage voted with tourism wallets, it seems to me that'd be a good thing.

 

[College_geek]

It's great to know that one of MA's neighbor finally joined the bandwagon. Now if only we could get other states to join as well...

 

[deezire1900]

I use to have hope for my state, Minnesota.

We are a very giving state for groups such as the Hmong and Vietnamese (sp), but that is where our politicians draw the line.

Gay Pride goes off without a hitch, but only some of the papers will run the advertisment.

Oh, and our politicians lie to get elected, but that is everywhere.

Norm Coleman, slotted to run as a republician for President in 2008, was elected as a demmy. He lied to get elected then switched parties...or should I say partners. I think he actually hates the GLBT community.

 

[fille]

The decision couldn't be more correct. I just worry that it will fuel the constitutional amendment freaks. When the gay marriage push began in San Fran, I was initially pissed at the people I thought were overly cautious and went around preaching that there was going to be a backlash that wasn't going to be worth it. But I came around to their way of thinking. So much has been gained in the last decade, slowly, and I worry that it is going to be lost.

I heard a very good story on NPR yesterday about a push in the California legislature for a bill to legalize gay marriage. Some gay rights advocates are against it because they fear that they will wind up losing Democratic supporters if they are pushed to support a "doomed" proposition and get skittish about standing up for other initiatives that have a better chance.

 

[Pookie]

It'll definitely stir up the social conservatives/neo-cons/bigots to push harder for their amendment. But they couldn't get a simple majority last year when the Administration was bashing gays. They're no where close to having a super majority, and I can't envision a time they ever will. What I'm most concerned about is the judicial appointments that will get made over the next four years.

 

[fille]

It'll definitely stir up the social conservatives/neo-cons/bigots to push harder for their amendment. But they couldn't get a simple majority last year when the Administration was bashing gays. They're no where close to having a super majority, and I can envision a time they ever will. What I'm most concerned about is the judicial appointments that will get made over the next four years.

~shudder~

 

[Pookie]

From the ACLU ...

ACLU Applauds Decision by New York Trial Judge Striking Down Laws Banning Same-Sex Couples from Marrying

February 4, 2005

FOR IMMEDIATE RELEASE

NEW YORK - The American Civil Liberties Union applauded a decision by a New York trial court issued today striking down as unconstitutional New York marriage laws that ban same-sex couples from marrying.

"This court has moved the struggle to secure marriage protections for same-sex couples a great leap forward in New York. The court recognized how unfair it is to deprive couples who make life-long commitments to each other of the many protections they need and deserve for their families," said James Esseks, Litigation Director of the ACLU’s Lesbian and Gay Rights Project. "We applaud Lambda Legal, counsel to the plaintiffs in today’s decision, as well as the plaintiffs in the other marriage lawsuits around New York state, who are all working toward the same goal."

Lower courts in New York are split on the issue of marriage for same-sex couples; the New York Court of Appeals, New York’s highest court, will have the ultimate say. The ACLU, the New York Civil Liberties Union and the law firm Paul Weiss Rifkind Wharton & Garrison LLP, filed a similar lawsuit in Albany, NY, on behalf of 13 same-sex couples from throughout New York who wish to marry. The trial judge there upheld the current marriage laws in December 2004. The ACLU has asked the Court of Appeals to take the case, which would be the first of the New York cases to reach that court. The court is expected to decide whether to take the case within the next two months.

The plaintiffs represented by the ACLU, like so many same-sex couples throughout the state, demonstrate the types of harms that these couples face when they are denied the protections of marriage.

Heather McDonnell and Carol Snyder have been together 14 years. When Carol was told she had breast cancer 11 years ago, nurses and other hospital staff constantly challenged Heather during Carol’s hospital stay about whether she could be there. Just two years ago, when Carol had a cardiac event following a bad reaction to medication, Heather suffered similar discrimination in the hospital and was even asked to leave Carol’s side, just minutes after the attending physician had asked her to help stabilize Carol when her vital signs were crashing.

Cindy Bink and Ann Pachner have been a couple for 16 years. Cindy recently had to give up her job of 17 years and take a job with the City of New York in order to provide health insurance benefits for Ann, who does not receive benefits as a freelance magazine consultant and sculptor. Wade Nichols and Francis Shen, together more than five years, have been forced to live in separate countries as U.S. immigration laws don’t recognize their relationship because they are not married.

Biographical information about the couples represented by the ACLU and the harms they have suffered because they are unable to marry is available at: http://www.aclu.org/LesbianGayRights/LesbianGayRights.cfm?ID=15438&c=101

Source: http://www.aclu.org/LesbianGayRights/LesbianGayRights.cfm?ID=17418&c=101

 

[College_geek]

What I'm most concerned about is the judicial appointments that will get made over the next four years.

Agreed. The judicial system has been the only thing I've had any faith in for the last four years (well, the federal supreme court, that is...Florida's judicial system and others still upset me ). Many conservatives hate the judicial system we have now, too (I wonder why...). I saw a book that was written about "why the judicial system is horrible" and "taking over the government by having more power that they should be allowed" and "allowing all these horrible things to pass" and crap like that. Seems to me that the judges are doing exactly what they're supposed to- deeming whether or not laws are unconstitutional.

 

[Angel]

You live in SoCal now.

Vegas needs to get hip with the gay marriage laws. There's money to be made!

You can take the girl out of NY.....

 

[Regis2001]

Ladies and gentlemen, this message was passed onto several prominent 'Family Values' lobby groups today. The message read:

Booya! Ladies and gentlemen, you have just been bitchslapped. Have a nice day!

 

[John Doe]

Ladies and gentlemen, this message was passed onto several prominent 'Family Values' lobby groups today. The message read:

Booya! Ladies and gentlemen, you have just been bitchslapped. Have a nice day!

Um, okaaay...

 

[Regis2001]

Um, okaaay...

Believe me, that's what i thought when I first read that.

 

[John Doe]

Believe me, that's what i thought when I first read that.

You mean you didn't make that up yourself?

 

[Netzach]

Norm hates everyone but Norm.

The generally liberal attitudes here have shifted dramatically and social spending is at an all-time low. Unique progams like MinCare are going to get gutted. I used to think that we might actually be one of the first midwestern states to see gay marriage or civil unions -- our track recrord on partner benefits USED to be good, and we were one of the first states to add "or sexual orientation" to our hiring and housing policies, but that's been gutted by some pretty heinous goings on in the state senate the last couple years, as I recall.

(remember who the state senator was then)

I use to have hope for my state, Minnesota.

We are a very giving state for groups such as the Hmong and Vietnamese (sp), but that is where our politicians draw the line.

Gay Pride goes off without a hitch, but only some of the papers will run the advertisment.

Oh, and our politicians lie to get elected, but that is everywhere.

Norm Coleman, slotted to run as a republician for President in 2008, was elected as a demmy. He lied to get elected then switched parties...or should I say partners. I think he actually hates the GLBT community.

 

[Regis2001]

You mean you didn't make that up yourself?

Well... yeah. I kind of did.

But I still felt mildly astonished!

 

[John Doe]

I feel the fabric of the American family sliding into the nether regions already... Eternal Damnation and whatever other dire consequences have been threatened... impending doom for the institution of marriage.

Oh well then. I'm happy!

Nether regions?