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01/22/2009

Ruling: Gay NYers get to keep what they already had

by Jeremy Hooper

200901221505On some beautiful day in the hopefully not-too-distant future, New York state will have full marriage equality, and anyone who tries to challenge its benign legal existence will be laughed out of court. But for now, we Empire Staters are (a) still marriage-deprived, and (b) routinely forced to defend even our state's decision to recognize out-of-state same-sex unions. Because apparently our waterways can serve as landing strips, but our gays still can't serve canapés at their legally-binding ceremonies. Embarrassing.

Fortunately, when it comes to defending the abilities that we do have, we do continue to win in court:

A New York State appellate court today ruled that the valid marriages of lesbian and gay couples entered into outside of New York must be recognized in this state. This decision comes in the case Lewis v. Department of Civil Service and follows a landmark victory by the New York Civil Liberties Union in Martinez v. County of Monroe.

“We commend the court on its just and fair decision,” said NYCLU Executive Director Donna Lieberman. “But we know that lasting progress requires leadership from both the judicial and legislative branches. It’s time for New York’s political leaders to support the core American value of fairness. New Yorkers should not have to leave the state to protect their families.”

Another State Appeals Court Affirms Marriages of Lesbian and Gay New Yorkers [NYCLU]

So once again, lawyers with the Alliance Defense Fund (or A Lie In Defiance of Fun, as we like to call them) have been shot down by a reasoned court of civil law. So will they now stop? Will they let us just live in peace? Will they realize that they're wrong on this issue, and that they should step back and keep their personal faith views to themselves? Will they buy us that Kitchen-Aid mixer that's on our wedding registry?

We don't know the definitive answers to those questions (we want the metallic grey one, just in case). However, if you believe that even one of the ADF's answers has even a remote chance of skewing towards "yes," then we're sure you're also fully convinced that the flower-thrower in this post's pic could totally afford her lavish Manhattan lifestyle on only a writer's salary.

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Your thoughts

The same is essentially true in RI but the courts haven't come around yet.

AG Patrick Lynch whose sister Maggie is a lesbian came out and said there's nothing in RI law that forbids recognition.

I guess they want it to be brought into a courts as an Article 1 Section 2 argument against the Family Court Act of 1967.

And right now the budget crunch is taking up the legislatures time. Hopefully this will be the year we get marriage equality to a full vote.

Why? Because someone did the math and I took it one step further. The state would pick up anywhere from $500,000 to $1,000,000 in tax revenue if it were legalized here.

In a bad budget that's serious change.

Posted by: Tony P | Jan 22, 2009 6:53:28 PM

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