A Setback in New York City

Gay couples seeking to marry in New York had their hopes crushed yesterday by a Manhattan panel of judges that said homosexuals have no “fundamental right” to get hitched unless the Legislature changes the law.

In a 4-to-1 ruling, the Appellate Division said Manhattan Supreme Court Justice Doris Ling-Cohan was wrong last February when she ruled that state law was unconstitutional because it did not permit gay marriages.

“We find it even more troubling that the court, upon determining the statute to be unconstitutional, proceeded to rewrite it and purportedly create a new constitutional right,” the court said.

“The power to regulate marriage lies with the Legislature, not the judiciary,” they wrote. [...]

“Marriage laws are not primarily about adult needs for official recognition and support but about the well-being of children and society, and such preference constitutes a rational policy decision.” (source)

An interesting ruling. I thought that the court’s purpose was to interpret the state constitution. There is nothing in the New York State Constitution that states that gay couples should be denied marriage. That being said, all things being equal (no prohibition on gay’s being able to marry), the court should allow equality across the board for marriage. Or, it should strip away all the legal benefits of marriage.

The argument that “marriage laws are not primarily about adult needs for official recognition and support but about the well-being of children and society” is bull shit. It just doesn’t hold water in today’s world. If that be the case, then we should bar all heterosexual couples who want to get married who are beyond child bearing years and have no interest or ability to produce children. Even beyond that, I can name six straight couples who entered into marriage who never had a desire to ever have children. They entered into marriage because they wanted a deeper commitment to each other. But, they also wanted the legal obligations and protections that came with marriage.

Of course, this will be appealed to the state supreme court. And all of this will keep going until it hits the United States Supreme Court. I hope that doesn’t happen anytime soon. I think the nation needs time to take in this issue. With states’ passing constitutional amendments left and right (and there will be more!), this should tell us all that America is not ready on a national level to accept gay marriage.

I don’t want to be a downer here, but that’s the truth. Social change always takes time. In the meantime, we will keep forging ahead with the victories that we have accomplished. Sometimes they seem small. Eventually, this issue will be decided in our favor.