Thursday, July 06, 2006

NY supremes: Our job is to resolve legal disputes not legislate social policy
N.Y. Top Court Rules Against Gay Marriage

ALBANY, N.Y. (AP) -- New York's highest court ruled Thursday that gay marriage is not allowed under state law, rejecting arguments by same-sex couples who said the law violates their constitutional rights.

The Court of Appeals, in a 4-2 decision, said New York's marriage law is constitutional and clearly limits marriage to between a man and a woman.

Any change in the law would have to come from the state Legislature, Judge Robert Smith said…

Unlike Massachusetts’ supreme court, New York’s seems to regard itself as a group of jurists rather than the center of the universe. Of course Massachusetts is the same state that foists Kennedy and Kerry on America – must be something in the water there.

2 Comments:

Blogger Travis said...

Opponents of same-sex marriage are always saying that "legislatures, not the courts" should be deciding issues around marriage equality.

The court today affirmed that opinion.

So I have a novel idea -- how about the people who make this argument (and who put out press releases today praising that argument) show some conviction and say, I dunno, DO IT.

There has been legislation kicking around in the Senate for at least two sessions which would grant marriage equality.

The legislation has stalled in the Senate thanks to likes of Joe Bruno, etc (the people who praised allowing legislatures decide). Bruno has not even actually allowed DEBATE much less a VOTE on this legislation.

Perhaps this legislation would win, or perhaps it would loose, I simply wish those who said they want it to be left to the legislatures, actually followed through and meant what they said. I suspect when Legislatures do decide to give marriage equality, they will have another convenience argument they repeat, and repeat, and repeat.

However, their bluff has been called with this really, poorly written ruling (which seems to legally justify discrimination based on stereotypes).

7/06/2006 5:28 PM  
Blogger ttlv said...

Travis,

If you read the entire article I referenced in this post you’ll see that ‘legislatures, not the courts’ have been deciding the issue. The following is a paragraph excerpted from the article:

“Forty-five states have specifically barred same-sex marriage through statutes or constitutional amendments. Massachusetts is the only state that allows gay marriage, although Vermont and Connecticut allow same-sex civil unions that confer the same legal rights as heterosexual married couples.”

7/07/2006 12:05 AM  

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