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New York's top court: No right to marriage for gays and lesbians

by Michael Rogers

BREAKING NEWS: NY COURT SAYS NO TO MARRIAGE EQUALITY

New York's highest court, the Court of Appeals, has ruled against granting full marriage equality to gay and lesbian couples, PageOneQ has learned. Chief Justice Judith Kaye (right), an appointee of former Governor Mario Cuomo (D) and one other justice dissented in the opinion.

"We hold that the New York Constitution does not compel recognition of marriages between members of the same sex. Whether such marriages should be recognized is a question to be addressed by the Legislature," the seventy page ruling begins. The entire ruling may be read here.

Many activists in New York throughout the nation were hopeful that New York would join Massachusetts as the second state to grant marriage equality.

The court decided the case by a vote of 4-2. A seventh justice, Albert Rosenblatt, recused himself form the case because his daughter had filed an amicus curiae (friend of the court) brief in a similar case in New Jersey.

The Supreme Judicial Court of Massachusetts granted full marriage rights to gay and lesbian couples in November 2003. In December 1999 the Vermont Supreme Court issued a ruling that required the state legislature to either grant marriage rights or create a parallel set of rights for gay and lesbian couples. The legislature created civil-unions in a law that took effect in July 2000.

The New York case, Hernandez v. Robles, is the consolidation of four court cases. The cases represent forty-four couples from various parts of the state.

The Empire State Pride Agenda, the statewide lobby for New York's LGBT community, has planned rallies at seven locations in the state for this evening. The rallies will protest the court's decision and will begin a campaign to win marriage equality via the state's legislature. (A list of all rallies is below)



An article in Gay City News by veteran reporter and activist Andy Humm quoted Roberta Kaplan, a lead attorney in the case, as incorrectly predicting the court's positive ruling in the case. “I'm not in the business of handicapping. While judges hold things close to their chests, the arguments of the city and state were weak and I think the judges appreciated that and we will prevail," told Gay City News in it's Friday edition.

The court's ruling may be found here under the name Hernandez v. Robles.

DEVELOPING HARD...

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Rallies:

Albany/Capital District
Start time: 6:00pm
Location: Capitol Park (Washington Ave & Swan St, adjacent to the State
Capitol Building)
Contact: Nora Yates
518.472.3330

Buffalo/Western NY
Start time: 6:00pm
Location: Bidwell Park (@Elmwood Avenue)
Contact: Todd Plank
585.244.8640

Hudson Valley
Start time: 7:00pm
Location: Memorial United Methodist Church (250 Bryant Avenue, White Plains)
Contact: Nicolas Calabro
914.948.2932

Long Island
Start time: 7:30pm
Location: 34 Park Avenue, Bay Shore; march to Bandshell (Main Street at Park Ave.)
Contact: Tiffany Cutrone
631.665.2300

New York City
Start time: 6:00pm
Location: Sheridan Square (West 4th Street and 7th Ave., Manhattan)
Contact: Monique George
212.627.0305

Rochester
Start time: 6:00pm
Location: Washington Square Park
Contact: Todd Plank
585.244.8640

Syracuse/Central NY
Start time: 7:00pm
Location: Hanover Square (Downtown Syracuse)
Contact: Nora Yates
518.472.3330




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Originally published on Wednesday July 5, 2006.


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