NY Ban on Gay Marriage Backfires

Steven Snyder · Post by **Steven Snyder** » 2005-02-04 04:09pm

N.Y. Ban on Same-Sex Marriage Struck Down

2 hours, 10 minutes ago

U.S. National - AP
By SAMUEL MAULL, Associated Press Writer

NEW YORK - A judge declared Friday that a law banning same-sex marriage violates the state constitution, a ruling that would allow gay couples to wed if it is upheld on appeal.

State Supreme Court Justice Doris Ling-Cohan ruled in favor of five gay couples who were denied marriage licenses last year.

Mary Jo Kennedy and Jo-Ann Shain, one of the couples, said they were thrilled by the ruling and believed it would offer their family increased legal protection. They have been together 23 years and have a 15-year-old daughter.

"We're just overjoyed," said Shain. "We didn't think it would ever happen.

Kennedy said she wants to marry Shain as soon as possible. "I can't wait," she said. "We went to buy a (marriage) license in March 2004 and couldn't get it. That's what started this whole thing."

The city Law Department issued a statement saying only, "We are reviewing the decision thoroughly and considering our options."

Post by **Darth Wong** » 2005-02-04 04:10pm

This whole "gay marriage" thing has been a fine demonstration of why the "will of the people" should not overrule the legal principle of human rights.

Pint0 Xtreme · Post by **Pint0 Xtreme** » 2005-02-04 04:15pm

Wonderful news!

frigidmagi · Post by **frigidmagi** » 2005-02-04 04:19pm

Time for a lession, in the United States of America, the Constitution is Sovergen, not the mob, not the Church.

Something that has to be retaught every 40-50 years or so.

Utsanomiko · Post by **Utsanomiko** » 2005-02-04 04:32pm

Darth Wong wrote:This whole "gay marriage" thing has been a fine demonstration of why the "will of the people" should not overrule the legal principle of human rights.

You'd think the phrase 'tyranny of the majority' would clue most people on the inherent danger, but I suppose Joe Schmoe requires something simpler, like an analogy to Nazis, to see it.

Tommy J · Post by **Tommy J** » 2005-02-04 04:39pm

This is a start. Eventually this will work its way to the Supreme Court. I'm afraid though they won't hear the argument. Georgia will not be so daring as New York I fear. Shit they had sodomy laws on the books just 5 years ago.

Durandal · Post by **Durandal** » 2005-02-04 04:48pm

Utsanomiko wrote:
Darth Wong wrote:This whole "gay marriage" thing has been a fine demonstration of why the "will of the people" should not overrule the legal principle of human rights.
You'd think the phrase 'tyranny of the majority' would clue most people on the inherent danger, but I suppose Joe Schmoe requires something simpler, like an analogy to Nazis, to see it.

The GOP managed to get rid of the wise fears people should have about mob rule. According to them, the tyranny of the majority is good, while the tyranny of the minority (in GOP-speak, that translates to "Those fuckin' fags trying to get fair and equitable treatment") is baaaaaaaaaaaaaaaaaaaaad.

Pick · Post by **Pick** » 2005-02-04 06:35pm

This is great news!

Take that, pseudo-mob rule!

Pint0 Xtreme · Post by **Pint0 Xtreme** » 2005-02-04 07:01pm

Does anyone have any idea on the probability of the appeals being successful?

Nieztchean Uber-Amoeba · Post by **Nieztchean Uber-Amoeba** » 2005-02-04 07:20pm

And the first bricks of the church/state wall are laid again.

Great news!

HemlockGrey · Post by **HemlockGrey** » 2005-02-04 08:06pm

I'm afraid though they won't hear the argument.

If SCOTUS refuses to take the case, wouldn't that mean that the previous (positive) ruling would be upheld?

Durandal · Post by **Durandal** » 2005-02-04 09:14pm

HemlockGrey wrote:
I'm afraid though they won't hear the argument.
If SCOTUS refuses to take the case, wouldn't that mean that the previous (positive) ruling would be upheld?

Yes. If SCOTUS doesn't take it, the ruling of the last appeal stands.

Drooling Iguana · Post by **Drooling Iguana** » 2005-02-04 11:02pm

frigidmagi wrote:Time for a lession, in the United States of America, the Constitution is Sovergen, not the mob, not the Church.

Something that has to be retaught every 40-50 years or so.

There is no "i" in lesson! I've seen this mistake on this board quite a few times, and it's starting to bother me.

Enforcer Talen · Post by **Enforcer Talen** » 2005-02-04 11:28pm

the courts are always the final word. . .

Boyish-Tigerlilly · Post by **Boyish-Tigerlilly** » 2005-02-05 12:00am

I don't know why so many people don't understand the american government. They assume that the government is set up to make the majority the prime say.

According to the founding fathers, especially advertised in the Federalist papers #10, the government was set up to protect the majority from the Minority and the minority from the majority by creating gridlock possibility and balance.

I don't understand where they get the majority rules idea. This isn't a democracy, and the founders didn't even like democracy.

The Silence and I · Post by **The Silence and I** » 2005-02-05 12:17am

Wow *blink blink*

My state has done something I agree with

SWEET!!

Oh and, keep it up and lets get this whole mess over with.

Vohu Manah · Post by **Vohu Manah** » 2005-02-05 12:27am

Boyish-Tigerlilly wrote:I don't understand where they get the majority rules idea. This isn't a democracy, and the founders didn't even like democracy.

Never once in school when the topic was the USA was the government described as anything but a democracy. Although a Federal Republic, no teacher I ever had stated that.

Mayabird · Post by **Mayabird** » 2005-02-05 12:33am

Vohu Manah wrote:
Boyish-Tigerlilly wrote:I don't understand where they get the majority rules idea. This isn't a democracy, and the founders didn't even like democracy.
Never once in school when the topic was the USA was the government described as anything but a democracy. Although a Federal Republic, no teacher I ever had stated that.

Nope, and they always got those nervous looks when I mentioned it. Hell, that reminds me when the to-be governor of Georgia Sonny Perdue was campaigning at my high school.

Him: "Does anybody know what kind of government we have?"

Me: "A federal republic."

Him: "That's right, a democracy." Gives me a funny look.

Suffice to say, he did not get my vote.

Xenophobe3691 · Post by **Xenophobe3691** » 2005-02-05 03:59pm

Vohu Manah wrote:
Boyish-Tigerlilly wrote:I don't understand where they get the majority rules idea. This isn't a democracy, and the founders didn't even like democracy.
Never once in school when the topic was the USA was the government described as anything but a democracy. Although a Federal Republic, no teacher I ever had stated that.

I had exactly the opposite. Every history and civics teacher I ever had in High School and Middle School asked us a question. "What kind of country is the USA?" Anyone who answered "Democracy" was told they were wrong, and we were then taught about what exactly a Representative Republic was, how it worked, and how it exactly differed from real democracy.

Man, I had some damn good history/civics teachers...

Post by **Alyrium Denryle** » 2005-02-05 04:36pm

Hell, my economics teacher of all people would go into rants on how democracy is evil, and how it violates the inherent rights of 49% of the population via mob rule