New York Judge Rules Against Gay Marriage
The Substance
New York Judge Rules Against Gay Marriage
by 365Gay.com Newscenter Staff
Posted: February 24, 2005 2:03 pm. ET
(Ithaca, New York) A New York State judge has dismissed a challenge by 25 same-sex couples to the state's ban on gay marriage.
Judge Robert C. Mulvey ruled that same-sex marriage is the sole prerogative of the Legislature not the courts.
"Social perceptions of same-sex civil contracts may change over time, and every group has the right to persuade its fellow citizens that its view of such matters is the best," Mulvey said in his written ruling. "If that day comes, it is within the province of the Legislature to so act."
The couples applied for marriage licenses last March but were turned down by the Ithaca city clerk. The couples sought to marry after San Francisco began issuing marriage licenses to same-sex couples. The first gay weddings in the state were in tiny New Paltz just north of New York City where Mayor Jason West performed a group of ceremonies on February 27. West was later charged as were two Unitarian ministers under New York State law.
The Ithaca clerk refused the grant the licenses after the state issued an advisory not to grant marriage licenses to same-sex couples.
Known locally as The Ithaca 50 the couples sued the New York State Department of Health which oversees registering marriages.
In arguments earlier this month Lawyer Mariette Geldenhuys told Judge Mulvey that barring gay couples from marrying is no different than discrimination against women or minorities.
"The basis of the opposition (to gay marriage) is that it goes against tradition," Geldenhuys argued. "If tradition carried on, we would still have slavery."
Geldenhuys said Thursday she will appeal.
In December a New York trial court judge ruled that the New York constitution allows the state to continue to exclude same-sex couples from marriage. The case already is under appeal.
But, earlier this month another New York judge ruled that same-sex couples must be allowed to marry.
State Supreme Court Judge 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. Judge Ling-Cohan's ruling is also under appeal.
Ultimately it will be the state Court of Appeal which will make the final ruling on all the cases.
©365Gay.com 2005
A New York State judge has dismissed a challenge by 25 same-sex couples to the state's ban on gay marriage. Judge Robert C. Mulvey ruled that same-sex marriage is the sole prerogative of the Legislature not the courts.
The couples applied for marriage licenses last March but were turned down by the Ithaca city clerk. The Ithaca clerk refused the grant the licenses after the state issued an advisory not to grant marriage licenses to same-sex couples.
In December a New York trial court judge ruled that the New York constitution allows the state to continue to exclude same-sex couples from marriage. The case already is under appeal. But, earlier this month another New York judge ruled that same-sex couples must be allowed to marry.
State Supreme Court Judge 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. Judge Ling-Cohan's ruling is also under appeal.
Ultimately it will be the state Court of Appeal which will make the final ruling on all the cases.
New York Judge Rules Against Gay Marriage
by 365Gay.com Newscenter Staff
Posted: February 24, 2005 2:03 pm. ET
(Ithaca, New York) A New York State judge has dismissed a challenge by 25 same-sex couples to the state's ban on gay marriage.
Judge Robert C. Mulvey ruled that same-sex marriage is the sole prerogative of the Legislature not the courts.
"Social perceptions of same-sex civil contracts may change over time, and every group has the right to persuade its fellow citizens that its view of such matters is the best," Mulvey said in his written ruling. "If that day comes, it is within the province of the Legislature to so act."
The couples applied for marriage licenses last March but were turned down by the Ithaca city clerk. The couples sought to marry after San Francisco began issuing marriage licenses to same-sex couples. The first gay weddings in the state were in tiny New Paltz just north of New York City where Mayor Jason West performed a group of ceremonies on February 27. West was later charged as were two Unitarian ministers under New York State law.
The Ithaca clerk refused the grant the licenses after the state issued an advisory not to grant marriage licenses to same-sex couples.
Known locally as The Ithaca 50 the couples sued the New York State Department of Health which oversees registering marriages.
In arguments earlier this month Lawyer Mariette Geldenhuys told Judge Mulvey that barring gay couples from marrying is no different than discrimination against women or minorities.
"The basis of the opposition (to gay marriage) is that it goes against tradition," Geldenhuys argued. "If tradition carried on, we would still have slavery."
Geldenhuys said Thursday she will appeal.
In December a New York trial court judge ruled that the New York constitution allows the state to continue to exclude same-sex couples from marriage. The case already is under appeal.
But, earlier this month another New York judge ruled that same-sex couples must be allowed to marry.
State Supreme Court Judge 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. Judge Ling-Cohan's ruling is also under appeal.
Ultimately it will be the state Court of Appeal which will make the final ruling on all the cases.
©365Gay.com 2005
posted by JimG at 3:14 PM
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