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NY High Court Ruling on Marriage Expected Tomorrow July 5, 2006

Posted by newsfittopost in legal, lgbt Issues, marriage equality.

Despite what The New York Times reported, the New York high court did not issue its ruling in the marriage equality cases today.

However, my movement sources have told me that the Court of Appeals (the state’s highest court) is expected to release its decision tomorrow. This is not official, as we learned today when the movement was expecting a ruling that never came, but organizations close to the cases believe it is more likely than not. I am hoping this is not a repeat of the Washington Supreme Court case on marriage equality. We heard for months that a ruling was expected “any day now”, but here we are over a year later and still no decision.

People are mixed on whether the New York court will rule in favor of marriage equality. Most seem to agree with a New York Times article that says the judges are sympathetic to the plaintiffs, but that they may not find the legal language necessary to declare a same-sex marriage ban unconstitutional. My guess is that the court won’t make a definitive ruling, instead sending the issue to the state legislature. Let’s hope I’m wrong.

That said… If a positive ruling does come down tomorrow, expect a new wave of attacks on LGBT relationships and families. Congress will renew calls for the Federal Marriage Amendment (which the House will consider this month) and Fox News will be screaming about “activist judges” until the November elections.

Keep the fingers crossed… there is a slight chance that same-sex couples in New York may be able to have a summer wedding.

UDPATE 6pm ET: A Stich in Haste has a very interesting analysis of the New York Court of Appeals case. Kip believes the court will rule in favor of marriage equality in a 4 – 2 decision. Optimism… I like it.



1. Karen Sanchez - July 5, 2006

I hope the ruling comes down tomorrow but I don’t think it will be good. It takes a lot of courage for judges to rule in favor of gay marriage, and I don’t believe these justices have it. You may be right about them sending it to the legislature though… my fear is that it won’t go anywhere after that.

2. News Fit to Post - making social justice visible » Disappointment in New York - July 6, 2006

[…] In a 4-2 decision, New York’s highest court has ruled that the state constitution does not compel the recognition of same-sex marriages. Huge disappointment, but almost exactly as predicted. […]

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