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Topic: Religions > Atheism
User: "Fredric L. Rice"
Date: 05 Feb 2005 08:51:48 PM
Object: New York fags -- and all Americans -- win!
Take _THAT!_ ya fucking hate mongering Christian bigots.
-=-
New York Court Rules Gays Must Be Allowed To Marry
by Beth Shapiro
http://www.365gay.com/newscon05/02/020405nyMarr.htm
A New York State court ruled Friday that same-sex couples must be
allowed to marry.
State Supreme Court Justice 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.
The ruling said the state Constitution requires same-sex couples to
have equal access to marriage, and that the couples represented by
Lambda Legal must be given marriage licenses.
"This is a historic ruling that delivers the state Constitution's
promise of equality to all New Yorkers," said Susan Sommer, Supervising
Attorney at Lambda Legal and the lead attorney on the case.
"The court recognized that unless gay people can marry, they are not
being treated equally under the law. 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."
Lambda filed the suit last March in Manhattan on behalf of 5 gay and
lesbian couples. (story)
The suit argued that denying marriage to same-sex couples violates the
state Constitution's guarantee of equality for all New Yorkers.
The case was the first of its kind to be filed in New York since the
Massachusetts high court ruled that same-sex couples are entitled to
full marriage under that state's Constitution. (story)
In today's ruling, Justice Ling-Cohan said, "Simply put, marriage is
viewed by society as the utmost expression of a couple's commitment and
love. Plaintiffs may now seek this ultimate expression through a civil
marriage."
"I was even more moved than I thought I'd be when I heard about this
ruling. All of us cried; me, Mary Jo and our 15-year-old daughter.
For the first time, our family is being treated with the respect and
dignity that our friends, coworkers and neighbors automatically have,"
said Jo-Ann Shain, a 51-year-old New York City resident who is a
plaintiff in the case with her partner, Mary Jo Kennedy, 49.
"Last week, Mary Jo and I celebrated our 23rd anniversary together, but
we've never had all the protections and rights that come with marriage.
We need these protections
to take responsibility for each other and for our daughter, and we are
enormously grateful that the court saw that and said our family should
be treated equally."
Another of the couples , Daniel Hernandez, 46, and Nevin Cohen, 42, a
gay couple who have been together for over six years.
When the suit was filed Hernandez said the couple was looking for the
same rights as those enjoyed by his parents.
"We're lucky to both have parents who've been happily married for more
than 50 years," said Hernandez. "Is it too much to want that for
ourselves?
Justice Ling-Cohan stayed today's ruling 30 days in case there is an
appeal.
Ultimately, the legality of gay marriage in New York is likely to be
decided by the Court of Appeal.
Yesterday an Albany court ruled that marriage is not a fundamental
right.
Two couples, Elissa Kane and Lynne Lekakis, and Robert Barnes and
George Jurgastis, were married last year by a Unitarian Universalist
minister in Albany
But when they tried to get marriage licenses from the Albany City
Clerk's office they were refused. The four sued Albany and the state
Health Department, claiming Domestic Relations Law is gender neutral
and marriages without licenses are still legally binding.
On Thursday, Justice E. Michael Kavanagh said state law doesn't
specifically bar giving marriage licenses to same-sex couples; it just
requires two people to be of age and legally competent.
However, Kavnagh rule, "the statute is replete with other references
.... that this was, in fact, the intent that marriage be reserved for
couples of the opposite sex."
---
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