NEW YORK - 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 for five couples who brought the lawsuit. "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 that the New York City clerk could not deny a license to any couple solely on the ground that the two are of the same sex.
The city Law Department issued a statement saying only, "We are reviewing the decision thoroughly and considering our options."
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, 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.
Joined: Mon Oct 18, 2004 4:50 pm Posts: 3955 Location: Leaving Here
I just read the same, similar, article over at MTVNews.com
Quote:
New York Judge Says Marriage Licenses Cannot Be Denied To Same-Sex Couples 02.04.2005 4:44 PM EST
Judge Doris Ling-Cohan rules that forbidding same-sex marriage violates the state constitution.
Gay couples may soon be able to wed in the state of New York if a ruling handed down by a Manhattan judge on Friday is upheld.
In a decision supporting five same-sex couples who had previously been denied marriage licenses, State Supreme Court Justice Doris Ling-Cohan said that the New York city clerk could not deny a marriage license to a couple just because they are of the same sex, according to The Associated Press.
The judge said that a part of the law forbidding same-sex marriage violates the state constitution.....
The New York City Law Department, which acts as the attorney for the mayor and other elected officials and oversees the law business of the city and its agencies, did not give any suggestion as to how it will proceed with the ruling or when it will make a decision. It did, however, release a statement, according to the AP, saying, "We are reviewing the decision thoroughly and considering our options."
Good. I don't care what the Federal Government says, it should be up to the States to decide if they want to grant marriage licenses and the rights associated with them to same gender couples.
Joined: Mon Oct 18, 2004 4:32 pm Posts: 766 Location: Grayson County, Virginia
Good job NY, Im glad there are some states we can still be proud of.
_________________ "I came here as a child when it first opened," said Tarsley. "Now that I have kids, where are they supposed to go for Whoppers or Chicken Tenders? We need to ask ourselves, as a culture, 'Where are our priorities?'"
Joined: Sat Oct 16, 2004 11:33 pm Posts: 455 Location: Garyland
cltaylor12 wrote:
I just read the same, similar, article over at MTVNews.com
Quote:
New York Judge Says Marriage Licenses Cannot Be Denied To Same-Sex Couples 02.04.2005 4:44 PM EST
Judge Doris Ling-Cohan rules that forbidding same-sex marriage violates the state constitution.
Gay couples may soon be able to wed in the state of New York if a ruling handed down by a Manhattan judge on Friday is upheld.
In a decision supporting five same-sex couples who had previously been denied marriage licenses, State Supreme Court Justice Doris Ling-Cohan said that the New York city clerk could not deny a marriage license to a couple just because they are of the same sex, according to The Associated Press.
The judge said that a part of the law forbidding same-sex marriage violates the state constitution.....
The New York City Law Department, which acts as the attorney for the mayor and other elected officials and oversees the law business of the city and its agencies, did not give any suggestion as to how it will proceed with the ruling or when it will make a decision. It did, however, release a statement, according to the AP, saying, "We are reviewing the decision thoroughly and considering our options."
Good. I don't care what the Federal Government says, it should be up to the States to decide if they want to grant marriage licenses and the rights associated with them to same gender couples.
c-
i don't even think this argument belongs in the federal government, or even just government in general. i understand why people want to ban it but i don't find their reasons worthy of government intervention.
_________________ You look like a half-empty toothpaste.
Joined: Sun Oct 17, 2004 1:14 am Posts: 37778 Location: OmaGOD!!! Gender: Male
aerojad wrote:
good job for New York
keep the government out of the bedroom!
Well, let's not lie to ourselves. They just firmly inserted the government into the bedroom by granting marriage rights to gay couples. Invalidating sodomy laws is keep the gov't out of the bedroom. This is not.
--PunkDavid
_________________ Unfortunately, at the Dawning of the Age of Aquarius, the Flower Children jerked off and went back to sleep.
Joined: Sun Oct 17, 2004 4:52 pm Posts: 6822 Location: NY Gender: Male
LittleWing wrote:
Did I not say that you folks were getting your panties tied in a knot for nothing? You'll see this more and more in the upcoming months.
I hope you're right. However, I also think there are plenty of states where bans will be upheld. Sadly, it may very well fall along the "blue vs red" border with more blue states opting for the ban than red opting for acceptance.
Joined: Sun Oct 17, 2004 12:35 am Posts: 1311 Location: Lexington
I have just changed my position on this issue, I want gay gay sex for everyone. Then we can get on with our lives, and let our nintendo pilots bomb more brown people.
_________________
punkdavid wrote:
Make sure to bring a bottle of vitriol. And wear a condom so you don't insinuate her.
Joined: Wed Dec 29, 2004 9:36 pm Posts: 833 Location: Detroit, MI
LittleWing wrote:
I strongly doubt it, judges uphold the constitution, these laws are unconstitutional. They will be overturned.
Except when a judge upholds or rules something that favors things conservaitve lawmakers don't like... then it jumps from "upholding the constitution" to "legistlating from the bench"
Joined: Sat Oct 16, 2004 11:26 pm Posts: 7392 Location: 2000 Light Years From Home
deathbyflannel wrote:
I have just changed my position on this issue, I want gay gay sex for everyone. Then we can get on with our lives, and let our nintendo pilots bomb more brown people.
Can I fuck you in the ass?
_________________ You didn't see me here: 10.14.00, 10.15.00, 4.5.03, 6.9.03, 9.28.04, 9.29.04, 9.15.05, 5.12.06, 5.25.06, 6.27.08, 5.15.10, 5.17.10, 9.3.11, 9.4.11
yieldgirl wrote:
I look a like slut trying to have my boobs all sticking out and shit
Joined: Sun Oct 17, 2004 12:35 am Posts: 1311 Location: Lexington
StyrofoamChicken wrote:
deathbyflannel wrote:
I have just changed my position on this issue, I want gay gay sex for everyone. Then we can get on with our lives, and let our nintendo pilots bomb more brown people.
Can I fuck you in the ass?
No, my consent is required, you cant have it either
_________________
punkdavid wrote:
Make sure to bring a bottle of vitriol. And wear a condom so you don't insinuate her.
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