Dubai Debt Issues Push Stocks Down
Family Gets Early Christmas Gift From Ellen DeGeneres
Photos of D Train Murder Depict Bloody Panic
Mayor: Sex Trafficking Victims, Please Speak Up
GMA: Adam Lambert, No; Chris Brown, Yes
NY State Attorney General Eliot Spitzer says that as the law stands now, gay marriage is illegal. He said, "New York State statutes, do not permit same-sex marriages," because the wording is "husband and wife" on licenses. He is deferring to the courts to decide whether or not gay marriage is constitutional, and said in a press conference, “I’m obviously not going to begin to reach that ultimate legal conclusion, which is going to be the matter of litigation in the pending criminal cases, and it would not be appropriate for me to reach that conclusion. It would be unfair to the district attorney, and it would be unfair to the mayor.” In other words, "I'm passing the buck at this time, because that's what the law lets me do, even though I think the law is old and should be changed to include gay marriage." The interesting thing is that the state will recognize same-sex marriages from other states.
Spitzer has become the center of a national attention because of his outspoken pro-gay marriage stance, New York State law aside. Read the Attorney General's his opinion here, which says that mayors who are solemnizing same-sex marriages are breaking the law [California's Attorney General Bill Lockyer has not been asked to give an opinion yet]. New Paltz Mayor Jason West is still marrying gay couples, even though he has been charged with a misdemeanor for breaking the law. And how can you not love Gay Porn Blog's "Which gay marriage city mayor is cuter, SF's Gavin Newsome or New Paltz's Jason West?" survey. [Via Gawker]
add to stumble upon
add to reddit
tweet this
post to facebook
time test
Spitzer's not passing the buck. He's saying that this should be played out in courts, which it should. With all due respect to those mayors who are following their moral obligations to allow same-sex marriages, I don't think any mayor should be the one to have the final say on the jumbled mess of state laws that need to be sorted through. Let's let the judiciary branch do it. We'll get a same-sex equivalent to Brown vs. Board of Education eventually, and it's not going to be handed down from Mayor Newsom or Mayor West.
West & Newsome are defibrillating a conversation that's been kicking around in the courts for more than a decade. Their civil disobedience is forcing a wider and louder debate than prior lawsuits alone have been able to. Civil disobedience always pisses people off - e.g. Rosa Parks, Alice Paul, boston tea party etc. - but it is effective.
I don't think Spitzer is passing the buck either, but it just seems that way - though I could have been more eloquent saying how it's an odd position to be in - to be powerful, to have a voice, but be hamstrung. Spitzer's job is to follow the law, as is Mayor Bloomberg's. And that's what they should do.
I agree Glenn.
And, Jason West IS cute. I saw him on news last night. He sounds like he's a preacher or something. Very emotional speaker.
Spizter did a lot more than he could have - he's framed the legal debate in a specific and positive way. If he had interpreted the law to allow gay marriage, it would have been challenged later, and he would have lost a lot of credibility. I think he was as positive as he could without damaging his chances for gov (for what that's worth)
i agree with rm -- the guy is trying to stay positive and if that helps him get elected gov. and change the law, then good. I am assuming then that if the marriages in California hold, NY couples who get married in California are married here right?
Right - I like Spitzer a lot and agree with him on many things. I think it's great that he is giving the issue his support, while staying in the bounds of his position.
Now the question is: Do the licences say "husband and wife" because the law says they should, or because the clerk that designed them that way. If the wording isn't legislated, it could be crossed out with a pen and replace with "Applicant 1" and "Applicant 2" and be just as legal.