Saturday, June 25, 2011

New York Legislature Redefines Marriage, Allows For Gay Couples To Wed

NPR reports:

With a historic vote by its Legislature late Friday, New York became the sixth state to legalize same-sex marriage since Massachusetts led the way, under court order, in 2004.


While there is reason to disagree with the decision made by the legislature of New York, at least it was a decision of the legislature of New York. New York did not have its judicial overlords cloaked in robes declaring that the Constitution of the United States or of the State of New York required New York to redefine the institution of marriage to include gay couples. Instead, the political process took its course and the legislature ratified this change as is within its power.

In fact, New York's Court of Appeals (which is the State's highest court) actually explicitly ruled that there was no constitutional requirement to change marriage laws to include gay couples. That decision from 2006 can be read here: http://www.courts.state.ny.us/reporter/3dseries/2006/2006_05239.htm

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