NY Court to Hear Marriage Recognition Challenge

August 6, 2008

The right-wing Alliance Defense Fund, on behalf of some New York lawmakers, goes to the New York Supreme Court on Thursday to fight Gov. David Paterson's executive order to recognize out-of-state gay unions.

The group is citing the definition of the word marriage according to the online edition of the Merriam-Webster dictionary, claiming that legal recognition of same-sex marriages would undermine the democratic process and force taxpayers to fund benefits for same-sex couples, the New York Sun reported.

Plaintiffs include New York Assemblymen Daniel Burling, Brian Kolb and Minority Leader James Tedisco and state Sens. Martin Golden and Serphin Maltese.

The governor should respect New York's marriage laws over the laws of foreign jurisdictions, Brian Raum, senior legal counsel for the Alliance Defense Fund, said in a written statement.

Gov. Paterson is overstepping his authority and the democratic process by issuing a directive at odds with New York public policy on marriage, Raum said.

In May, days after the California Supreme Court declared a marriage ban unconstitutional, Paterson issued an executive order directing state agencies to recognize marriages or civil unions legally officiated elsewhere. Same-sex marriages are not legal in New York, but have been recognized by common law and some courts as legitimate unions, the Sun reported.

The lawsuit was filed June 3, with a July 15 court date, but the trial was postponed.

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