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Puck
The Texan
Joined: 05 Jan 2004
Posts: 5596
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 Sat Feb 05, 2005 1:00 am Judge Nixes New York's Gay Marriage Ban |
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Judge Nixes New York's Gay Marriage Ban
Friday, February 04, 2005
NEW YORK � A judge declared Friday that a law banning same-sex marriage (search) 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.
State Supreme Court Justice Doris Ling-Cohan (search) ruled in favor of five gay couples who had been denied marriage licenses by New York City. The Supreme Court is New York's trial level court.
The couples brought a lawsuit arguing they were denied legal protections guaranteed under the constitution. The judge agreed and said the New York City clerk may not deny a license to any couple solely because the two are of the same sex.
"Under both the federal and New York State constitutions, it is beyond question that the right to liberty" extends to protect marriage," Ling-Cohan wrote.
The ruling will not take effect for at least 30 days. The city Law Department issued a statement saying only, "We are reviewing the decision thoroughly and considering our options."
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 (search) lawyer who presented the case. "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."
Mathew Staver, president of Liberty Counsel (search), said he was "disappointed" by the decision. "Redefinition of a law's terms is for the legislature to do, not for a judge. She's an activist judge legislating from the bench."
The judge ordered a copy of her decision sent to the state attorney general, who was not involved in the case. Calls to Attorney General Eliot Spitzer's (search) office were not immediately returned.
Kevin Quinn, spokesman for Republican Gov. George Pataki (search), said, "The governor strongly believes that the judge's decision is wrong," adding that "New York's marriage laws are clear that marriage is between a man and a woman."
The ruling applies only in the city, but could extend statewide if upheld by the Court of Appeals in Albany.
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 in the case, 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.
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IntrepidIsMe
Pimp Handed
Joined: 14 Jun 2002
Posts: 13057
Location: New York
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| Sat Feb 05, 2005 10:52 pm |
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Read something about this in the paper today. Yay for NY.
-------signature-------
"Nelly, I am Heathcliff! He's always, always in my mind: not as a pleasure, any more than I am always a pleasure to myself, but as my own being."
-Wuthering Heights
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Republican_Man
STV's Premier Conservative
Joined: 26 Mar 2004
Posts: 14823
Location: Classified
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| Sun Feb 06, 2005 12:29 am |
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Boo for NY! Bah! My home state...NOOO! If they do this...
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"Rights are only as good as the willingness of some to exercise responsibility for those rights- Fmr. Colorado Senate Pres. John Andrews
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Defiant
Fleet Admiral
Joined: 04 Jul 2001
Posts: 15946
Location: Oregon City, OR
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| Sun Feb 06, 2005 12:31 am |
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I hate you RM.
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IntrepidIsMe
Pimp Handed
Joined: 14 Jun 2002
Posts: 13057
Location: New York
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| Sun Feb 06, 2005 12:32 am |
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Well, the chances are high that they might. After all, we are one of the most liberal states in the country.
-------signature-------
"Nelly, I am Heathcliff! He's always, always in my mind: not as a pleasure, any more than I am always a pleasure to myself, but as my own being."
-Wuthering Heights
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Republican_Man
STV's Premier Conservative
Joined: 26 Mar 2004
Posts: 14823
Location: Classified
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| Sun Feb 06, 2005 12:35 am |
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| Defiant wrote: | | I hate you RM. |
That's so nice of you to say, Defiant 
And yes, Intrepid, NY is one of the most Liberal states in the country, unfortunately, but I don't want to go back to a state that has legalized Gay Marriage every year.
-------signature-------
"Rights are only as good as the willingness of some to exercise responsibility for those rights- Fmr. Colorado Senate Pres. John Andrews
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IntrepidIsMe
Pimp Handed
Joined: 14 Jun 2002
Posts: 13057
Location: New York
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| Sun Feb 06, 2005 12:36 am |
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I don't see why not... Afraid you'd get hit on? 
Tsk, please be nice, people.
-------signature-------
"Nelly, I am Heathcliff! He's always, always in my mind: not as a pleasure, any more than I am always a pleasure to myself, but as my own being."
-Wuthering Heights
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Republican_Man
STV's Premier Conservative
Joined: 26 Mar 2004
Posts: 14823
Location: Classified
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| Sun Feb 06, 2005 12:38 am |
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| IntrepidIsMe wrote: | I don't see why not... Afraid you'd get hit on?
Tsk, please be nice, people. |
No, not afraid, lol. Just don't want to be around such a thing. I don't think it's right, and I think it should be illegal.
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"Rights are only as good as the willingness of some to exercise responsibility for those rights- Fmr. Colorado Senate Pres. John Andrews
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Link, the Hero of Time
Vice Admiral
Joined: 15 Sep 2001
Posts: 5581
Location: Kokori Forest, Hyrule
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| Sun Feb 06, 2005 2:34 am |
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Well it's not. and it will most likely stay Legal.
if you dont like it, pack up and move to texas.
But it's good news for New York. It's about time we pulled away from constraints and did something for the people.
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Five - seveN
Rear Admiral
Joined: 13 Jun 2004
Posts: 3567
Location: Shadow Moon
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| Sun Feb 06, 2005 9:02 am |
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You're my hero.
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Republican_Man
STV's Premier Conservative
Joined: 26 Mar 2004
Posts: 14823
Location: Classified
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| Sun Feb 06, 2005 5:40 pm |
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| Link, the Hero of Time wrote: | Well it's not. and it will most likely stay Legal.
if you dont like it, pack up and move to texas.
But it's good news for New York. It's about time we pulled away from constraints and did something for the people. |
I live in Colorado now, but we go back every year to visit friends and family 
-------signature-------
"Rights are only as good as the willingness of some to exercise responsibility for those rights- Fmr. Colorado Senate Pres. John Andrews
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WeAz
Commodore
Joined: 03 Apr 2004
Posts: 1519
Location: Where you aren't
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| Mon Feb 07, 2005 9:41 pm |
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Another victory for gay rights everywhere
-------signature-------
At Least In Vietnam, Bush Had An Exit Strategy
It was Bush, not Clinton, who ignored the warning signs for 9/11.
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Deciviel
Captain
Joined: 27 Sep 2002
Posts: 508
Location: Joe's Garage
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| Tue Feb 08, 2005 10:05 pm |
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| Janeway_74656 wrote: | | Another victory for gay rights everywhere |
Here here!
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"Wheeee. Now say 'nuclear wessels'."
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