NEW YORK lawsuit for equal rights

April 7, 2004 [Wednesday] -- [from NYCLU website]


[ACLU and NYCLU file] ... Lawsuit Seeking Marriage Equality For Same-Sex Couples In New York State:
Couples, including State Assemblyman Danny O'Donnell and his partner, underscore discrimination of New York marriage laws.



April 7, 2004 --
The American Civil Liberties Union and the NYCLU today sued the State of New York seeking to have the law that denies marriage to same-sex couples struck down as unconstitutional. The case, which was filed in Albany, charges that the law violates the equal protection, privacy and due process provisions of the New York constitution.

"New York has a long history of respecting and protecting the right to create families free from discrimination," added Donna Lieberman, Executive Director of the New York Civil Liberties Union. "This case is about ending discrimination in marriage so that same-sex couples and their families have the protection they need."

"Same-sex couples need help getting through hard times just as much as straight couples do," said Matt Coles, Director of the ACLU's Lesbian and Gay Rights Project. "We represent people who've been kept away from their partners in emergency rooms; people who've had hospitals question the legitimacy of their relationships even though they had powers of attorney and domestic partnerships; we represent a woman who had to quit her job to get her partner health coverage; a couple who have to live in different countries because neither recognizes their relationship. We represent people who are raising children and people who are about to raise children, whose families need the security that only marriage provides. We represent seniors who need that security as well."

The lawsuit is being brought on behalf of 13 same-sex couples, many of whom had hoped to be married by New Paltz Mayor Jason West, but were unable to do so after he was forced to stop performing marriages for same-sex couples. The couples come from many parts of the state including Binghamton, Schenectady, Port Jervis, West Hurley, Mount Vernon, White Plains, Brooklyn and Manhattan. The couples come from all walks of life, ranging from a New York State Assemblyman (Representative Danny O'Donnell) and a New York City Police Officer to a shipping clerk and an artist. Many have been together for decades, and some are raising children together. One couple has grandchildren.

"Same-sex couples need help getting through hard times just as much as straight couples do," said Matt Coles, Director of the ACLU's Lesbian and Gay Rights Project. "We represent people who've been kept away from their partners in emergency rooms; people who've had hospitals question the legitimacy of their relationships even though they had powers of attorney and domestic partnerships; we represent a woman who had to quit her job to get her partner health coverage; a couple who have to live in different countries because neither recognizes their relationship. We represent people who are raising children and people who are about to raise children, whose families need the security that only marriage provides. We represent seniors who need that security as well."

Among the couples who brought the case are:

• Sylvia Samuels and Diane Gallagher of Mount Vernon, who have been together for 24 years. Now the proud grandmothers of three grandchildren, they together raised Sylvia's two children from a prior relationship. Sylvia is currently unable to work at her job as a computer information technology specialist due to liver cancer. With Sylvia facing grave health problems, the couple worries that Diane will not be permitted to visit Sylvia in the hospital or will be kept out of conversations about emergency medical decisions. In the summer of 2000, the couple's fears were realized when Sylvia was hit by a car while riding a bicycle in North Carolina. Doctors would not let Diane be with Sylvia while she was unconscious in the emergency room.

• Heather McDonnell and Carol Snyder of White Plains, who have been together for 14 years. Carol and Heather have also been treated as strangers during medical emergencies. After Carol was diagnosed with breast cancer 11 years ago, they looked for a surgeon who would understand the significance of their relationship. Even so, Heather was constantly challenged by hospital staff. In January 2003 this discrimination was repeated when Carol had a cardiac event caused by a bad reaction to medication. Even though the couple had set up health care proxies for each other, Heather was still asked to leave by a nurse at a point when Carol was in serious distress.

• Michael Hahn and Paul Muhonen of Binghamton, who have been together for 22 years. Michael works for a local bank and Paul is a manager at a local Howard Johnson's hotel and restaurant. Paul doesn't have health insurance at his job, and Michael's employer doesn't offer domestic partner benefits. The couple understands all to clearly what it's like to be discriminated against for being gay. When Michael relocated from Ohio to his job in Binghamton, he was promised reimbursement for moving expenses. When his employer found out that Michael has a gay partner, the employer refused to pay the moving expenses. When trying to rent a house together last year, they were turned down by the owner after he asked them point-blank if they were gay.

• Wade Nichols of New York City and Francis Shen of Taiwan, who can not live in the same country. Because of immigration laws, Francis (a Taiwanese citizen) cannot stay for long periods in the United States and Wade (a United State citizen) cannot stay for long periods in Taiwan without work sponsorship.

• Regina Cicchetti, and her partner Susan Zimmer, who had this to say: "After being together for 34 years, we've learned a lot about love and commitment. I don't know that I could have made it through two life-threatening illnesses without the support of Susan. As we face getting older, we see more and more how the state disadvantages us by not letting us marry. We are taking part in this lawsuit to ensure that all couples in committed relationships are treated equally."

"The couples in this lawsuit represent just a few of the thousands of same-sex couples in New York who are being denied the basic rights that millions of married couples enjoy across the state," said Roberta Kaplan of Paul, Weiss, Rifkind, Wharton and Garrison, LLP, which is representing the couples along with the ACLU. "The New York Constitution guarantees equal treatment for all people. That includes equal treatment in marriage."


[For more info, please visit
http://www.NYCLU.org ]
........

P.S. :

The U.S. MARRY-IN of 2004:
upcoming dates to watch out for.

............
APRIL 2004:

CALIF: SF: 10 April, Sat.: 12 noon: SF anti-war march & rally, United Nations Plaza,
near Market and 7th Streets. Near Civic Center BART/Muni station. (IF you attend, please bring equal-rights signs.)

*CALIF: SF: 10 April , Sat: drum circle, Hippy Hill, Golden Gate Park, around 3pm. Free. Informal.
[Hippy Hill is part of Sharon Meadow. Walk into GG Park from Haight & Stanyan.
From downtown SF, take bus 71, streetcar N-Judah, etc.; get off at Stanyan.)

*CALIF: San Francisco: Monday, 12 April, noon -1pm: MarriageEqualityCA rally, on steps of CA Supreme
Court, 300 McAllister Street (across from SF City Hall): marking one month since high court
ordered SF officials to stop issuing same-sex mariage licenses.

CALIF, southern: West Hollywood: April 12, Monday, 6:30-9:30pm: discuss same-sex marriage:
West Hollywood Park Auditorium, San Vicente Blvd.

USA: April 15: Protest inequality, with signs saying: "NO TAXATION without equal rights!"

CALIF: Oakland: Thursday, 15 April, 5:30pm: MECA Tax Day Protest.
For details, see MECA website: http://www.MarriageEqualityCA.org/home.php
[ Earlier on Tax Day, at 11:30 AM, antiwar protesters gather at Oakland's Federal Building,
1301 Clay St. (near 12th Street BART station): see DASW (http://www.ActAgainstWar.org)
and Northern Calif. War Tax Resistance (http://www.NoWarTax.org) ]

CALIF, southern: Los Angeles area: April 15, Thursday, evening: MECA protest/rally on Tax Day:
"We need to rally in support of marriage equality on this day: No Taxation with Discrimination! ....
We'll be joining other rallies nationwide..... " http://www.MarriageEqualityCA.org/home.php

OREGON: mid-April: Multnomah County: Circuit Judge Frank Bearden may hold a hearing on
ACLU lawsuit about whether Oregon's gender-biased marriage statute violates OR state constitution.
http://www.oregonlive.com/special/gaymarriage/index.ssf?/base/news/1080219374314050.xml

CALIF.: April 21: Hayward (in SF Bay Area): MECA event:
http://www.MarriageEqualityCA.org/home.php

CALIF.: April 21: Los Angeles: MECA event: http://www.MarriageEqualityCA.org/home.php

USA: April 21: national "Day of Silence" for civil rights of LGBTI students. [ http://www.dayofsilence.org ]

OREGON: April 23: Judge Bearden might issue a ruling by this date. His decision will be appealed to higher courts. Appeals process could take years, unless courts expedite.

PENNSYLVANIA: Philadelphia, April 26- May 2: Equality Forum. [http://www.equalityforum.com ]

CALIF: Sacramento: April 29: MECA event at CSU, 6pm-9pm.< http://www.MarriageEqualityCA.org/home.php >

CALIF: Berkeley: _____ : birthday party for People's Park.
......................