New York High Court Rejects Marriage for Gay Couples

New York's high court ruled today that the state constitution "does not compel recognition of marriages between members of the same sex." In rejecting a group of lawsuits brought by lesbian and gay couples seeking the right to marry, the high court ruled that the question of marriage is better left to the state Legislature:
"We hold that the New York Constitution does not compel recognition of marriages between members of the same sex," Judge Robert S. Smith wrote in the majority decision. "Whether such marriages should be recognized is a question to be addressed by the Legislature."
Here's the full coverage from the New York Times. You can read a PDF of the court decision here.

One of the key arguments of the Family Research Institute of Wisconsin is that we need a constitutional ban on civil unions and marriage in Wisconsin to "protect marriage" from "activist judges." Today's development makes it clear that every state and every state supreme court is different. This ruling shoots some holes in our opponents' rationale.

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At 11:25 AM, Anonymous Ryan said...

A double-edged sword, for sure. And now the Georgia Supreme Court has reinstated its marriage ban. A dark day for the battle, but an important step in the war, I think. Obviously, not every judge rules in favor of same-sex marriage, and to assume that all judges do just because some Eastern judges have is just plain silly.

At 8:04 PM, Anonymous Nick Catalano said...

What's the point here? If it doesn't compel recognition, it doesn't compel recognition. That doesn't mean that is the opinion of judges, it just means that they are doing their job to interpret the NY constitution. Now the, well, the people who are against this amendment, will call them activist judges. If they voted the other way they would be activist judges by people who want this amendment.

People need to realize that the judicial process involves a lot of crazy stuff that doesn't involve the current opinion of the people.


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