|"Until a few decades ago, it was an accepted truth for almost everyone who ever lived, in any society in which marriage existed, that there could be marriages only between participants of different sex. A court should not lightly conclude that everyone who held this belief was irrational, ignorant or bigoted.” |
|N.Y. Associate Judge|
Robert S. Smith
ALBANY, N.Y. (BP)--Handing homosexual activist groups a significant defeat, New York's highest court July 6 upheld the state's marriage laws, ruling that "gay marriage" is an issue for the state legislature, and not the courts, to decide.
The 4-2 ruling by the New York Court of Appeals was handed down barely a month after it heard oral arguments in late May. The case involved four lawsuits brought on behalf of 44 same-sex couples in part by Lambda Legal, a homosexual legal group, and the American Civil Liberties Union. Lambda Legal and the ACLU argued that New York's marriage laws violated the state Constitution's equal protection and due process clauses. But the court disagreed.
"We hold that the New York Constitution does not compel recognition of marriages between members of the same sex," Associate Judge Robert S. Smith wrote for the court. "Whether such marriages should be recognized is a question to be addressed by the legislature." Read More