Briefs Filed in NY Marriage Equality Appeal

May 20, 2005

NEW YORK — Lawyers for 13 same-sex couples told a New York court Thursday that state law preventing same-sex couples from marrying violates the equal protection, due process and free expression provisions of the New York Constitution.

The brief was filed in appeals court by the ACLU on behalf of the 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 case is one of three working their way to the state's highest court.

With New York trial courts now split over the issue of marriage for same-sex couples, we are looking to the state's appellate courts to end the unfairness that lesbian and gay couples face because they are unable to secure the protections of marriage for their families, said James Esseks, Litigation Director for the ACLU's Lesbian and Gay Rights Project.

Same-sex couples who commit to each other and build a life together shouldn't be treated as legal strangers.

Nine friend-of-the-court briefs, representing a broad range of support for marriage for same-sex couples, were filed this week in support of the ACLU's lawsuit.

A brief signed by 145 religious leaders from throughout the state, including leaders from the Episcopal, United Methodist, Presbyterian, Baptist and Unitarian churches, and conservative and reform temples, pointing out that there is broad support among religions for marriage for same-sex couples and acknowledging that allowing same-sex couples to marry civilly will not force religious groups that do not wish to perform marriages for same-sex couples to do so.

The American Psychological Association and the National Association of Social Workers also filed a brief detailing over two decades of social science research showing that gay people make the same kinds of commitments that straight people make and are just as good parents. Similarly, their children are just as well adjusted.

A brief from the National Organization of Women, the Young Women's Christian Association (YWCA), the New York Women's Bar Association and other women's groups charges that banning marriage for same-sex couples violates the state's civil rights protections against sex discrimination.

And, a brief by People for the American Way and Asian Equality points out why it's important for the New York courts to decide this key civil rights issue and explaining why full marriage (as opposed to civil unions) is the only way to end the unfairness that gay couples and their children face because they are not allowed to marry.

Oral arguments in the case are expected to take place sometime in October 2005.

In February a New York City judge ruled that same-sex couples must be allowed to marry and ordered the city of New York to issue marriage licenses to gay and lesbian couples.

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.

New York City mayor Michael Bloomberg appealed the ruling and the case is expected to be heard later this year.

In Ithaca, another judge ruled that same-sex marriage is the sole prerogative of the Legislature not the courts and dismissed a case brought by 25 same-sex couples.

All three cases will likely be rolled into one when the high court hears the issue.