New York Court Says No to Same-Sex Marriage but Does Not Have Last Word

For those of us following the City of New York's appeal to a February ruling that found it unconstitutional to deny same-sex partners in New York City the right to marriage, yesterday's announcement reversing that opinion was no big surprise. At the court hearing, for the most part, the Justices were clear in their disdain for the arguments brought by Lambda Legal on behalf of the plaintiffs seeking the right to marry. The majority of the 4-1 ruling certainly expressed that disdain in their opinions released yesterday. For a full evaluation of what the set-back means, you would be well-served by reading this Gay City News article by Art Leonard which tacitly puts the blame on one person: Mayor Mike Bloomberg whose decision it was to appeal the February ruling.

For his part, Mayor Bloomberg released the following statement "As I have said, this issue should be decided by the State's highest court and I assume today's decision will be appealed. If today's decision is affirmed by the Court of Appeals, I will urge the Legislature to change the State's Domestic Relations Law to permit gay marriage."

Lambda Legal has said that they will appeal yesterday's ruling.

In the meantime, Curtis Woolbright and his partner Daniel S. Reyes, plaintiffs in this case and pictured above at a Marriage Equality march accross the Brooklyn Bridge in 2004, sent the following message out this morning:

Dear Friends,

We wanted to let you know that the NYS Appellate Court reached a decision in our marriage case. Unfortunately it was not in our favor. In a vote of 4 to 1 the court reversed the decision of Supreme Court Justice Ling-Cohen. In essence the majority decision states that the fundamental right to marry doesn't extend to same-sex couples, only to "traditional" man-woman marriage; marriage is about procreation and childrearing, which justifies excluding same-sex couples; and it's up to the legislature, not the courts, to create social policy on marriage, and Judge Ling-Cohan was wrong not only on the merits but also in her remedy -- having found the marriage ban unconstitutional, the most she could do is send the question to the legislature.

As we shared with you previously, when we were in the courtroom, the justices were openly hostile to our attorney, so it is not entirely surprising that they ruled against us. Lambda has told us that they plan on appealing the case to the state's highest court, the NYS Court of Appeals. There are other cases in the state that are also working their way to the high court. Whether there will be a consolidation of cases is unclear to us right now.

Curtis and I are very disappointed with the decision. Frankly there is almost a numbness that comes with the news. Perhaps it is because there are so many feelings and thoughts swirling about. Interestingly, back in February when we got the first decision our reaction was the almost the same: numb and not sure what to feel. It really is still sinking in for us. One thing is for certain we will persevere and hopefully the final decision will be in our favor and if not...well.....we've got one question, "How cold does it get in Toronto?" We will continue to keep you posted.

Warmest Wishes this Holiday Season,

Daniel & Curtis

Let's hope that next year the holidays will be warmer for Daniel and Curtis, the other plaintiffs, and many of the other same-sex couples who wish to marry throughout New York State.

So I know this couple...

Image: Curtis Woolbright and Daniel Reyes at the 2004 Wedding March accross the Brooklyn Bridge (click here for more photos of the march).

...sweet guys too. Well, Daniel just sent me this reminder that something other than the primary elections is taking place on Tuesday. Remember that little February court ruling by New York Supreme Court Justice Doris Ling-Cohan saying that denying the right to marriage to same-sex couples was unconstitutional in New York State? Well, we all know that Mayor Mike Bloomberg decided to challenge that ruling, which now brings us to this...

From: Daniel S. Reyes Sent: Sun 9/11/2005
Subject: Our day in court

Dear Friends,

We wanted send an update on our court case for civil marriage. As you may know, in February the court in NYC ruled that Curtis and I have to right to marry in NYC and so ordered the city clerk to issue marriage licenses. At the same time she issued a stay in the ruling to allow the city the opportunity to respond. (This process is NYS law whenever a municipality is ruled against.) Bloomberg and his band of "merry men" decided to appeal the decision to protect all of us from the apparent "chaos" that will ensue by allowing us to marry. (Remember that when you're voting for mayor! Along with the rest of his anti-gay track record.) As a result, the stay on the ruling is in effect until the matter is resolved by the state's highest court, the NYS Court of Appeals.

In March, both the city and Lambda Legal attempted to get the case fast tracked straight to the State Court of Appeals. The court declined to hear the case and sent it back to the appellate division, the state's intermediate courts. While this was disappointing, it was not unexpected.

On September 13, we will have our day in the appellate court. Oral arguments will be heard from both sides. While the city and lambda have resisted interference from outside conservative groups who want to intervene in our case, they have not been completely successful. Allowance has been made for the Liberty Counsel to file a friend of the court brief against us. They will however not be allowed to speak during oral arguments. The city has additionally decided to play dirty this time around and has resorted to base arguments for denying us civil marriage rights, namely procreation and "standards" created by religious ideals and "tradition." After oral arguments, a decision from the appellate court can come 30 days later or 6 months later or a year later. It will definitely be a waiting game.

Curtis and I will be in attendance and at the press conference following. However, we doubt there will be much coverage as it is primary day also in the city. So keep your fingers crossed and if you live in NYC, don't forget to vote!

Warm Wishes, Daniel & Curtis

[reprinted by permission - AD]