2006
One Man One Women Marriage Wins Again In N.Y.
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NEW YORK — For the second time in three months, supporters of same-sex “marriage” in New York were dealt a setback, as a state appeals court reaffirmed 5–0 Thursday that preserving the definition of marriage as the union of one man and one woman is legitimate and permissible under the New York Constitution.
“The court’s ruling confirms the importance of focusing on the legal purpose of marriage rather than making a political statement,” said ADF Senior Legal Counsel Chris Stovall. “This is yet another decision recognizing that the protection of children has always been central to the state’s interest in maintaining and regulating the institution of marriage.”
ADF attorneys filed a friend-of-the-court brief in the case, in which 12 same-sex couples were represented by the American Civil Liberties Union. ACLU attorneys had appealed a lower-court ruling that rejected the ACLU’s attempt to establish same-sex “marriage” as a constitutional right under the New York Constitution.
According to the ruling handed down today by the New York Supreme Court, Appellate Division, Third Judicial Department, “this case is not simply about the right to marry the person of one’s choice, but represents a significant expansion into new territory which is, in reality, a redefinition of marriage. The cornerstone cases acknowledging marriage as a fundamental right are laced with language referring to the ancient recognized nature of that institution, specifically tying part of its critical importance to its role in procreation and, thus, to the union of a woman and a man.”
The full text of the opinion issued today in the case Samuels v. New York State Department of Health can be read at www.telladf.org/UserDocs/SamuelsOpinion.pdf.
“We are pleased that another New York court recognizes that same-sex ‘marriage’ is not, and never has been, a constitutional right,” Stovall said. “This victory will provide momentum in the fight to preserve marriage in the state and across the country.”
In December, an earlier challenge to New York’s marriage law was rejected by a state intermediate appeals court, which ruled that same-sex “marriage” is not a constitutional right and would not provide the same benefits to society. The court also stated that the union between man and woman is the “cultural, social and legal ideal in an effort to discourage unmarried childbearing and to encourage sufficient marital childbearing to sustain the population and society.”
ADF attorneys have written friend-of-the-court briefs in five separate cases in the appellate division to support marriage in the Empire State (www.telladf.org/news/pressrelease.aspx?cid=3515). For more information on the battle to protect marriage, visit http://www.domawatch.org/.
ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.
http://www.telladf.org/ www.domawatch.org
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