Bloomberg Appeals Marriage Ruling

February 6, 2005

NEW YORK CITY — Hopes of gay and lesbian couples to wed in New York next month were dashed Saturday by mayor Michael Bloomberg.

The mayor announced that the city would appeal Friday's landmark ruling that declared a state ban on gay marriage violated the New York Constitution.

Bloomberg said that while he believes such marriages should be permitted, If we did not appeal this I think we would have chaos in this city.

He said that he feared the same sort of legal confusion that followed San Francisco's decision last year to allow same-sex couples to marry. After thousands of gay couples married the state Supreme Court said that the city had acted illegally and it nullified the marriages.

What you do not want to have is a repetition of California, when many people for a month were misled into thinking they could get the union they so much wanted. ... Their great joy was snatched away, Bloomberg said.

The mayor said that the only way to avoid this was to allow the state's highest court to rule.

While it's disappointing that couples can't get married right away, we're pleased that the mayor agrees with the judge and many New Yorkers that same-sex couples must be allowed to marry, said Susan Sommer, Supervising Attorney at Lambda Legal and the lead attorney on the New York marriage case.

We're glad that the city is taking the case directly to the state's highest court for a full and fair hearing and a fast resolution. These families want the case resolved so they can get married.

Sommer also expressed confidence the Appeals Court would uphold Friday's ruling.

Friday's ruling couldn't be stronger legally — it's rooted in bedrock constitutional values and freedoms, and it should be upheld on appeal. We're confident that any court taking a good look at these families and at our state's Constitution will reach the same conclusion.

Empire State Pride Agenda also said it believed the appellate court would uphold the ruling.

Alan Van Capelle, Pride Agenda's Executive Director said he was encouraged by Bloomberg's offer to work with elected officials in Albany to make equal access to marriage the law of New York State.

But, while LGBT rights groups were willing to cut Bloomberg some slack many gay and lesbian New Yorkers were not.

Just hours after he announced the appeal Bloomberg faced cries of Liar! and Let us marry! when he appeared Saturday night at the Queens Lesbian and Gay Pride Committee's winter dance.

In her ruling Friday 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.