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Gay Marriage Case at Court of Appeals

2006_05_bands.jpgToday, the Court of Appeals will be hearing from lawyers about gay marriage in NYC today. Back in February 2005, a State Supreme Court judge ruled that gay and lesbian couples have equal access to marriage, but the city appealed and an appellate court reversed the decision. Which brings the case to the Court of Appeals. And though Mayor Blooomberg supports gay marriage, he does hope the city's lawyers will win, "I would never want to hire lawyers that tried to lose - they will try to win." Mayor Bloomberg wants NY State to decide whether gay marriage is legal, because it's all about the Constitution (his premise being if NYC starts to perform gay marriages, only for them to be overturned by the state later on, what good is that?). Anyway, Bloomberg claims he will ask Albany to allow gay marriage if the city wins...and if the city doesn't win, he'll let gay marriages be performed. Oh, to be a second term mayor! Gothamist hopes that if the State of Appeals rules in the plaintiffs' favor, then NY State will start to take up the gay marriage cause. At the moment, Governor Pataki won't touch it (of course) and Attorney General Eliot Spitzer has been cagey about it (he supports it, but it's not legal in NY State, though NY State recognizes gay marriages from other states).

You can see the plaintiff's documents and more at Lambda Legal, which also has bios and photos of the plaintiffs in the lawsuit - they are couples who have been together for five to twenty-four years.

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  • gracie

    i would think you would have difficulty convincing even one hapless soul to marry you, much less multiple people.

  • me

    Let me be the first to state I'll actively lobby for group marriage if "gay marriage" becomes legal. Who is the government to keep me from loving another... and another... and another...

  • gracie

    from wiki:

    The original framers of the United States Constitution were notably cognizant of what they perceived as a danger of majority rule in oppressing freedom of the individual. For example, James Madison, in Federalist Paper No. 10 advocates a constitutional republic over a democracy precisely to protect the individual from the majority. [4] However, at the same time, the framers carefully created democratic institutions and major open society reforms within the United States Constitution and the United States Bill of Rights. They kept what they believed were the best elements of democracy, but mitigated by a constitution with protections for individual liberty, a balance of power, and a layered federal structure.

  • gracie

    again, our democracy does not mean that the majority of voters gets to dictate what the minority of people do. that is simply not the way our Constitution works. more time in the library and less time on gothamist might do some folks well.

    the ballot initiatives and even constitutional amendments do not stop the overwhelming force of sexuality and the human need to connect emotionally. no matter what happens with the laws, gay people will continue to couple up. (gay high school students today face much less stigma than those coming out 20 years ago.) the fact that there are posters on gothamist who think i shouldn't love up my girlfriend doesn't stop me from doing so.

    by the way, there are not MILLIONS of people lining up for plural marriages. it just isn't that popular, so i can't see how that can be used as a parallel. it is also enormously offensive to say that wanting to marry my girlfriend is the same as someone wanting to marry their cat. ditto with the pedophile thing, which is a CRIME by the way. watching tv with your partner, having sex, and then going to sleep is not a crime in this country. so what is the BFD?

    and i am also STILL WAITING to hear what threat we pose to the general population...still waiting...

  • innoscent by stander

    "...Whether it is right in the sight of God to listen to you rather than to God, judge for yourselves,

     for we can't help telling the things which we saw and heard."

    Acts 4:19-20

    Paddy: When are you going to show us all how to be critical thinkers. Hitler was a critical thinker also. He failed trying to revise the bible to fit his life choices. By the way, the bible rejects "same sex-love" too.

    Checkout what the board is about. Not "same sex-love" but gay-marriage. You responded to my thread. My thread is about gay-marriage.

  • tom

    What about Cindy the dolphin? Hasn't she a right to marry Sharon the human? What's wrong with that gay marriage?

  • Paddy

    OK, I'm out for the day. But before I go:

    When I said, "Oh, it's much easier to routinely quote scripture. Critical thinking is too hard! Polly want a cracker?" I was talking about you. All you do is quote scripture. You're content to mouth other people's interpretations instead of seeking and validating truth. You're a parrot. Do you want a more literal explanation?

    I wasn't using the bible to support gay marriage. I haven't even talked about it. You, on the other hand, are using the bible to further intolerance.

  • innoscent by stander

    Sorry. You can't use the bible for you cause. It is as simple as that. The bible does not support gay marriage. It does support gay people. It won't help you if you want to use it to justify gay marriage.

    Now, American civil policy, a new law, might help you. That is all the scripture is about.

  • Paddy

    And thus: My Jesus forgives the intolerance of your Jesus.

    Oh, it's much easier to routinely quote scripture. Critical thinking is too hard! Polly want a cracker?

  • innoscent by stander



    "From the beginning of creation God made them male and female. For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh. So they are no longer two but one flesh. Therefore what God has joined together, let no one separate" (Mr.10:6-9, Mt.19:4-6).

    The husband should give to his wife her conjugal rights, and likewise the wife to her husband. For the wife does not have authority over her own body, but the husband does; likewise the husband does not have authority over his own body, but the wife has… the unbelieving husband is made holy through his wife, and the unbelieving wife is made holy through her husband" (1Cor.7:3-4, 14).

    Grounds for divorce: "except in the grounds of unchastity or fornication", or "illicit marriage", or "unless the marriage is unfaithful"

  • ouch

    those liberal dutch people..Gay marriage done deal, group marriage is de-facto legalised so time to move on.

    Thursday, 1 June 2006, 16:47 GMT 17:47 UK

    http://news.bbc.co.uk/2/low/europe/5038682.stm

    A political party with a paedophile agenda has been registered in The Netherlands

    The party plans to push for a cut in the legal age for sexual relations to 12 from 16 and for legalisation of child pornography and sex with animals. The Charity, Freedom and Diversity (NVD) party says it promotes freedom of speech and will stand in May elections. They also want to break the "negative" stigma surrounding paedophilia by getting into parliament.

  • innocent by stander

    Paddy: The bible can be used by gay people or anyone for that matter as a guide for life. If a person says they live by the bible. Then they live what is in it. Not by what they want it to read. You can not argue what is not there.

    [Jesus did attend a wedding for a man and woman and tuned the water to wine.

    Jesus did speak to a woman at Jacob's well and asked her to go get her husband, not her partner. ]

    If you are a non-believer the laws are interpretations of Christ. Interpretation just means you took a guess. You don't have to guess what scriptures mean. The bible is very clear.

    Just as a man a woman can not live together with out being married, have children without being married, is the same as two men or two woman living together as intimate sexual partners and calling it marriage. Non of those relationships is consistant with the Judaic scripture.

    (Ephesians 5:22), the Bible says “Husbands, love your wives, just as Christ also loved the church and gave Himself for her” (verse 25).

  • Paddy

    Except that Christ himself did not speak against same-sex love. The "laws" you speak of are not laws. They are individualized interpretations of Christ's teachings.

    "It prevents confusion when some people are sent to hell and some to heaven. The laws are very clear. Take them or leave them."

    Clearly you must have served on some Afterlife Processing Manual Documentation team, except I shudder to think of the proofreading errors.

  • innoscent by stander.

    Paddy: Sorry. There is no "my Jesus your Jesus." There is only one Jesus. He is not a homo or homophobic. You either accept the teachings of Christ or you don't. In Judaic religion the expectation is for men to be attracted and marry females and vis versa, females marry males.

    However, if that is not for you, that is accepted. But... you can't through a blanket statment at behaviors or thoughts as needing to "be forgiven." That is why Hell exists. Some people are not forgiven.

    Priest don't marry. They fore go sex and marriage. They have chosen not to serve God within a marital relationship and children. They have chosen celibacy.

    There is one idea. It prevents confusion when some people are sent to hell and some to heaven. The laws are very clear. Take them or leave them.

  • Paddy

    Good fricking grief.

    My Jesus forgives the homophobia of your Jesus.

  • innoscent by stander

    crh: thanks for explaining. However, I do not see the parallel. You can say that the arguments are the same.

    Keeping this all in context when we speak of the Constitution. We are talking about men and woman that subscribed to heterosexual relationships. The inner marriage also held true for Catholics, Protestant, Jews and Indians, sister and brothers. The unwritten law was that they were not allowed to marry.

    It was proven through the amendmant 13 and 14 that blacks are no different than any other person in America. Later they said the same for woman. It also proved ignorance on the side of the educators that came up with concepts of inferiority and the exclusion of a persons rights.

    The fundamental problem is that the idea of gay marriage is asking people to reject religious laws to make way for what would be a blatant immoral sin. The US was founded on the same religious laws that you are telling them to ignore. That is why people go to a licensed pastor or priest to marry. It is sacred. Those that go to the justice of the peace are there out of convience.

    Religious people have been taught that a society's dimise is connected to improper human involvement with each other. This includes illegal money practice, illegal war, illegal political leaderships and administrations. Moving outside of the above guidlines have always lead to a country's down fall.

    I can see giving homosexual the right to marry as tax pay participant in the country. However the problem you run into is that a man may want to marry his dog next. Or marry his horse. It sounds extreme, but same sex partners have always been associated with sodomy and unnatural sexual behavior. Where does the society draw its line for moral behaviors.

  • baram

    "Consenting Adult Humans only."

    :-)

  • Think twice

    "society has to draw a line somewhere"

    [1] Posted by: mini-Holland | May 31, 2006 12:26 PM

    Consenting Adult Humans only.

  • indy

    Here come the brides

    First group marriage ("triple marriage") in Holland. Congratulations to Victor, Bianca and Mirjam!

    http://www.weeklystandard.com/Content/Public/Articles/000/000/006/494pqobc.asp

    To observers on both sides of the Dutch gay marriage debate, the De Bruijns' triple wedding is an unmistakable step down the road to legalized group marriage..Dutch campaign for same-sex marriage was famously premised on a "small step" strategy, with each small increment of recognition creating an impetus for further steps.

  • indy

    update: Cindy the dolphin and Sharon Tendler?

    This must be the first interspecies gay marriage. Congratulations are in order to Cindy and Sharon!

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