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Gay Rights Hits A Snag in the Empire State

December 9, 2005 by GayPatriot

Chad (Cake Or Death) is reporting on a stunning ruling out of the Appellate Divison of the Manhattan Supreme Court.

Text from the court’s opinion:

We find it even more troubling that the court, upon determining the statute to be unconstitutional, proceeded to rewrite it and purportedly create a new constitutional right.

The power to regulate marriage lies with the Legislature, not the judiciary.

Chad comments:

While I can’t say I’m thrilled that this ruling has been overturned, I’m not shocked. This just illustrates the thin ice that court rulings provide for gay rights. It can be there one minute and gone the next. Anyone who feels that the courts are still our best bet for equality are filling themselves with false hope.

I completely agree. The path to gay marriage is long-term fundamental changes in public opinion and winning votes in legislatures and state referendum. Not by relying on the liberal court system that the pendulum has begun to push away from law making and back toward law interpreting.

How many wake up calls will it take for the Human Rights Campaign, et. al., to get it?

-Bruce (GayPatriot)

Filed Under: Gay Marriage

Comments

  1. Rex says

    December 9, 2005 at 3:30 pm - December 9, 2005

    The power to regulate marriage lies with the Legislature, not the judiciary.

    Thats funny – wasn’t it Gov. Gropenator of Kalifornia who vetoed Gay marriage as it was ruled by the legislature – and said its up to the courts to decide? How come the GOP can’t get its act together or make up its mind? I guess as long as they discriminate and appease thier Fundie base – everything goes! Luckily women did not have to depend on popular vote of the people to get the right to vote, and that inter-racial marriage too. …otherwise neither would have favored them.

  2. rightwingprof says

    December 9, 2005 at 4:30 pm - December 9, 2005

    Thats funny – wasn’t it Gov. Gropenator of Kalifornia who vetoed Gay marriage as it was ruled by the legislature

    After the California voters passed the proposition overwhelmingly. That’s known as legislators spitting in the faces of those who put them in office, you dunce. Your “point” isn’t.

  3. Dale in L.A. says

    December 9, 2005 at 4:53 pm - December 9, 2005

    I was pissed that he didn’t sign it after he long ago said he would in black and white terms. However, his reasoning was moderately tolerable. The legislature can’t override a ballot measure. It may sound like legal semantics but it was true. What it might have done is force the issue of whether Prop 22 was constitutional. It also would have doomed his own ballot measures with the voters. Oh, uh, wait…

  4. Chad says

    December 9, 2005 at 5:14 pm - December 9, 2005

    Nevermind the fact that odds are, the ballot measure in question most likely would’ve never even come up had the courts not poked around in the issue.

  5. John says

    December 9, 2005 at 11:54 pm - December 9, 2005

    Luckily women did not have to depend on popular vote of the people to get the right to vote

    No, women didn’t rely on a direct popular vote for universal suffrage. They relied on the constitutional process. Our federal government is not a direct democracy and does not allow federal referenda.

    The fact that women have the right to vote actually reinforces Bruce’s point of not relying on the courts to address inequality. Women, while being denied the right to vote on the issue they were supporting, were able to convince enough decent (male) Americans to change their opinions and support candidates who would vote for the 19th amendment. Supporters for gay marriage should follow in the footsteps of the suffragettes .

  6. ThatGayConservative says

    December 10, 2005 at 12:44 am - December 10, 2005

    Luckily women did not have to depend on popular vote of the people to get the right to vote, and that inter-racial marriage too. …otherwise neither would have favored them.

    Just imagine if liberals had their way, blacks wouldn’t even be able to vote, would still have to go to segregated schools, would still have to sit at the back of the bus etc.etc.etc. Nevermind inter-racial marriage.

  7. Jon says

    December 10, 2005 at 12:54 am - December 10, 2005

    The path to gay marriage is long-term fundamental changes in public opinion and winning votes in legislatures and state referendum.

    You’ll pardon me for not holding my breath I hope. Waiting for American Society to evolve makes watching paint dry look like a top-notch action movie. Well, at least in certain parts of the nation.

  8. ThatGayConservative says

    December 10, 2005 at 6:15 am - December 10, 2005

    What’s really funny is the fact that this happened in a so-called blue state. You know, they’re supposed to be all progressive, inclusive and all the other liberal B.S.
    So would somebody please explain how we’re supposed to believe that liberals give a damn about gays and that only conservatives are homophobes???

  9. V the K says

    December 10, 2005 at 9:17 am - December 10, 2005

    Waiting for American Society to evolve makes watching paint dry look like a top-notch action movie.

    Europe and Canada beckon you. Having a piece of paper that says a government bureaucracy officially recognizes your relationship is well worth the 70% tax rates and DMV health care.

  10. ThatGayConservative says

    December 10, 2005 at 2:42 pm - December 10, 2005

    #9
    Or maybe a 20+% unemployment rate like our “allies” in France and Germany have is more appealing.
    Whe will these folks learn that Socialism always fails.

  11. PatriotPal says

    December 11, 2005 at 7:10 pm - December 11, 2005

    FYI – Its not the “Appellate Division of the Manhattan Supreme Court.” Its the Supreme Court of the State of New York, Appellate Division, First Department. Commonly referred to among NY lawyers as the “First Department” (there are 3 other departments for different sections of the state), that court accepts appeals from cases decided by judges in the Supreme Court of the State of New York, New York County (which is the island of Manhattan). 🙂

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