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NY court says gay couples have equal right to marry
Gay couples should be allowed to marry because the state's constitution guarantees equality for all, a New York judge said on Friday in a ruling that could eventually clear the way for same-sex unions in New York.
State court Judge Doris Ling-Cohan said the rights of five same-sex couples were violated when they were denied marriage licenses at New York City's clerk office last year.
"Similar to opposite-sex couples, same-sex couples are entitled to the same fundamental right to follow their hearts and publicly commit to a lifetime partnership with the person of their choosing," the judge said.
Gay marriage leaped to the spotlight in the 2004 presidential election after Massachusetts legalized it in response to a state Supreme Court ruling.
Friday's ruling in New York, which likely faces several years of appeals, was condemned by opponents of gay marriage who are seeking a national constitutional amendment to define marriage as a union between a man and a woman, a move backed by President Bush.
Ballot measures in 11 states to ban gay marriage all passed in November's election.
The Alliance for Marriage campaign group said the New York ruling was a victory for those who were "attempting to export the destruction of the legal status of marriage from Massachusetts to a second state."
Five couples, several of whom have children, filed the lawsuit last year with the State Supreme Court, the lowest of the three divisions in New York's justice system.
They argued they were entitled to treatment equal to that of heterosexual couples with regard to the issuance of marriage licenses and access to civil marriage.
In her 62-page ruling, the judge compared the barring of gay marriages to the way interracial marriages were barred up until the 1960s, pointing out that the parents of one of the plaintiffs were barred from marrying due to such laws.
David Buckel, a lawyer for the couples, said the ruling marked the first time a New York court had clearly stated the right of gay couples to wed and showed a new era had dawned.
"The judge pointed out it will have no effect on the freedom of religion in this country," he said. "It simply means they cannot bar the door to taxpaying citizens who want a marriage license."
The judge stayed her ruling for a period of 30 days and the city is expected to appeal the decision.
"We are reviewing the decision thoroughly and considering our options," said Michael Cardozo, a lawyer for the city.
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