New York Court Rules Gays Must Be Allowed To Marry

New York Court Rules Gays Must Be Allowed To Marry
by Beth Shapiro 365Gay.com New York Bureau

Posted: February 4, 2005 11:41 am. ET
Updated: February 4, 2005 1:22 pm. ET

(New York City) A New York State court ruled Friday that same-sex couples must be allowed to marry.

State Supreme Court Judge Doris Ling-Cohan said that the New York State Constitution guarantees basic freedoms to lesbian and gay people, and that those rights are violated when same-sex couples are not allowed to marry.

The ruling said the state Constitution requires same-sex couples to have equal access to marriage, and that the couples represented by Lambda Legal must be given marriage licenses.

"This is a historic ruling that delivers the state Constitution's promise of equality to all New Yorkers," said Susan Sommer, Supervising Attorney at Lambda Legal and the lead attorney on the case.

"The court recognized that unless gay people can marry, they are not being treated equally under the law. Same-sex couples need the protections and security marriage provides, and this ruling says they're entitled to get them the same way straight couples do."

Lambda filed the suit last March in Manhattan on behalf of 5 gay and lesbian couples. (story)

The case was the first of its kind to be filed in New York since the Massachusetts high court ruled that same-sex couples are entitled to full marriage under that state's Constitution. (story)

In today's ruling, Judge Ling-Cohan said, "Simply put, marriage is viewed by society as the utmost expression of a couple's commitment and love. Plaintiffs may now seek this ultimate expression through a civil marriage."

"I was even more moved than I thought I'd be when I heard about this ruling. All of us cried; me, Mary Jo and our 15-year-old daughter. For the first time, our family is being treated with the respect and dignity that our friends, coworkers and neighbors automatically have," said Jo-Ann Shain, a 51-year-old New York City resident who is a plaintiff in the case with her partner, Mary Jo Kennedy, 49.

"Last week, Mary Jo and I celebrated our 23rd anniversary together, but we've never had all the protections and rights that come with marriage. We need these protections
to take responsibility for each other and for our daughter, and we are enormously grateful that the court saw that and said our family should be treated equally."

Another of the couples was Daniel Hernandez, 46, and Nevin Cohen, 42, who have been together for over six years.

When the suit was filed Hernandez said they were looking for the same rights as those enjoyed by his parents.

"We're lucky to both have parents who've been happily married for more than 50 years," said Hernandez. "Is it too much to want that for ourselves?

Justice Ling-Cohan stayed today's ruling 30 days in case there is an appeal.

Ultimately, the legality of gay marriage in New York is likely to be decided by the Court of Appeal, the state's highest court.

Yesterday an Albany court ruled that marriage is not a fundamental right.

Two couples, Elissa Kane and Lynne Lekakis, and Robert Barnes and George Jurgastis, were married last year by a Unitarian Universalist minister in Albany

But when they tried to get marriage licenses from the Albany City Clerk's office they were refused. The four sued Albany and the state Health Department, claiming Domestic Relations Law is gender neutral and marriages without licenses are still legally binding.

On Thursday, Justice E. Michael Kavanagh said state law doesn't specifically bar giving marriage licenses to same-sex couples; it just requires two people to be of age and legally competent.

However, Kavnagh rule, "the statute is replete with other references ... that this was, in fact, the intent that marriage be reserved for couples of the opposite sex."

©365Gay.com 2005