July 6, 2006

Interesting Decision From the NY Courts

The New York Supreme Court rules that homosexual marriage is not guaranteed under state law.

N.Y. Court Says Lawmakers Should Consider Gay Marriage - New York Times: "'There are at least two grounds that rationally support the limitation on marriage that the legislature has enacted,' the court said, 'both of which are derived from the undisputed assumption that marriage is important to the welfare of children.'

First, the court said, marriage could be preserved as an 'inducement' to heterosexual couples to remain in stable, long-term, and child-bearing relationships. Second, lawmakers could rationally conclude that 'it is better, other things being equal, for children to grow up with both a mother and the father.'

'Intuition and experience suggest that a child benefits from having before his or her eyes, every day, living models of what both a man and a woman are like,' the court said.

The court rejected parallels to laws barring interracial marriage, and the claim that sheer homophobia lay at the root of current law. 'Plaintiffs have not persuaded us that this long-accepted restriction is a wholly irrational one, based solely on ignorance and prejudice against homosexuals,' the court said."

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