NY Judge Rejects Marriage Equality Challenge

October 21, 2004

NEW YORK CITY — A New York judge has upheld the state's domestic relations law that prevents the issuance of marriage licenses to same-sex couples.

Ten gay and lesbian couples, including the mayor of Nyack and his partner, went to court after they were refused marriage licenses in the Town of Orangetown, which includes Nyack.

The group became known as the Nyack 10. The suit was filed shortly after the mayor of nearby New Paltz began performing marriages without licenses last February. The suit accused the state of violating the constitution.

In his ruling late Thursday acting state Supreme Court Justice Alfred Weiner said the Legislature's use of phrases such as husband and wife and bride and groom made its intentions clear.

Norman Siegel, the lawyer for the group, said Friday that he will appeal. The struggle to obtain equal justice under the law for same-sex couples in New York State will continue, he said.

Nyack Mayor John Shields accused judge Weiner, who is running for a Supreme Court seat, of making a political decision rather than a decision for the civil rights of all people.

A second suit on behalf of gay and lesbian couples is also making its way through the state court system. The Lambda Legal Defense and Education Fund, filed suit in March seeking the right for same-sex couples to become legally wed.