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Special collection: New York and Georgia courts rule against marriage equality

In one week in July 2006 courts in New York and Georgia upheld bans on same-sex marriage. Meanwhile, in Massachusetts, prominent business and civil leaders urged legislators not to put an amendment overturning that state's marriage equality on the 2008 ballot.

Georgia

Georgia keeps ban on gay marriage

State justices rule amendment passed in 2004 constitutional

By Sonji Jacobs, The Atlanta Journal-Constitution, July 7, 2006

The Georgia Supreme Court's decision Thursday upholding a constitutional ban on same-sex marriage capped a two-year battle that mobilized the gay community, brought conservative voters to the polls in 2004 and threatened to become a politically charged issue in this year's election.

The state's highest court unanimously affirmed the constitutional amendment - approved by 76 percent of voters in 2004 - that defines marriage as the union of a man and a woman. Continue

Georgia Supreme Court Mulls Anti-Gay Marriage Amendment

by 365Gay.com Newscenter Staff, June 27, 2006

(Atlanta, Georgia) The Georgia Supreme Court heard arguments Tuesday in a case involving the state's constitutional ban on same-sex marriage.

The courtroom was packed with both supporters of gay marriage and its opponents. At issue is the question put to voters in 2004 where the amendment passed by 76 percent. Shortly after the amendment passed Lambda Legal filed suit alleging the question put to the electorate was itself unconstitutional, arguing that the wording contained multiple issues. Continue

Georgia Supreme Court Told Governor Playing Politics With Gay Marriage Appeal

by 365Gay.com, May 23, 2006

(Atlanta, Georgia) Lawyers for Georgia gays seeking the right to marry have accused Gov. Sonny Perdue (R) of playing politics in its appeal of a ruling that struck down a constitutional amendment blocking same-sex marriage.

The state's appeal calls for an expedited hearing noting that if the court does not hear the case and issue a ruling by August 7th, Perdue will call a special session of the Legislature to get a similar amendment on the ballot in November. Continue

New York

New York Court Upholds Gay Marriage Ban

By Anemona Hartocollis, The New York Times, July 6, 2006

New York's highest court today turned back a broad attempt by gay and lesbian couples across the state to win the right to marry and raise children under New York State's marriage law, saying that denying marriage to same-sex couples does not violate the state constitution.

In a 4-2 decision, the Court of Appeals found that the state's definition of marriage as a union between a man and a woman, enacted more than a century ago, could have a rational basis, and that it was up to the State Legislature, not the courts, to decide whether it should be changed.

The majority decision, written by Judge Robert S. Smith, who was appointed by Gov. George Pataki, found that limiting marriage to opposite-sex couples could be based on rational social goals, primarily the protection and welfare of children. Continue

Same-sex marriage fails at N.Y. court

By Joan Biskupic, USA TODAY, July 7, 2006

WASHINGTON — New York's highest court on Thursday rejected claims that same-sex couples should be granted marriage licenses, in a stinging opinion that dealt a blow to efforts to expand gay rights.

Voting 4-2, the Court of Appeals said that nothing in New York's state constitution requires the state to give marriage licenses to same-sex couples. The court's leading opinion emphasized the state's interest in promoting heterosexual marriages to ensure that children are reared with a mother and a father. Continue

Divisions Surface Anew Over Gay-Marriage Ruling

Doug Chandler, The Jewish Week (New York), July 14, 2006

The Jewish community reacts to appeals court decision as both sides fix sights on Albany, scene of the next battle. Click here.

Spitzer Says He Would Do What Pataki and Courts Have Not

By Danny Hakim, The New York Times, July 6, 2006

Attorney General Eliot Spitzer said on Thursday that he would draft and propose legislation to legalize gay marriage in New York State if elected governor in November. His comments came after the State Court of Appeals deferred to the Legislature on the issue, leaving the fate of gay marriage in New York to elected officials. Continue

NY Ruling Ends Mass. Out-Of-State Marriage Challenge

by 365Gay.com Newscenter Staff, July 7, 2006

(Boston) New York state same-sex couples were delivered a double blow by Thursday's Court of Appeal ruling that nixed gay marriage in the Empire State.

The ruling also means an end to a challenge by New York couples to a Massachusetts law barring clerks from issuing marriage licenses to people whose weddings would be illegal in their home states. Continue

Massachusetts

Mass. Session Adjourns Without Taking Up Anti-Gay Amendment

by 365Gay.com Newscenter Staff, July 12, 2006

(Boston, Massachusetts) A special joint session of the Massachusetts legislature considering a long list of constitutional amendments abruptly adjourned Wednesday evening without taking up a proposal that would ban same-sex marriage.

They decided to reconvene on Nov. 9, two days after the general election.

The vote drew jeers from supporters of the amendment who had crowded into the State House for the session. Continue

Leaders oppose bid to ban gay marriage

165 prominent names ask state to drop issue

By Frank Phillips, The Boston Globe, July 6, 2006

Taking on Governor Mitt Romney and the Catholic Archdiocese of Boston, 165 prominent business and civic leaders are publicly calling for the Legislature to reject a proposed constitutional amendment banning same-sex marriage.

The group, which includes leading bankers, healthcare executives, lawyers, and leaders of the Greater Boston Chamber of Commerce, has purchased an ad in The Boston Globe that says the amendment would "take away rights." It urges lawmakers to "move on to other important issues like strengthening the economy, improving our schools, and protecting our neighborhoods." Continue

Reaction to New York and Georgia decisions, July 2006

Traditional Marriage Makes Gains Across U.S.

by Wendy Cloyd, Focus on the Family, July 7, 2006

Court victories Thursday in two states have turned the nation's focus back toward protecting marriage — and there is much to be optimistic about.

Even with the highest state courts in New York and Georgia ruling in favor of traditional marriage, as they did Thursday, the battle to defend society's bedrock institution is still being fought in state and federal courtrooms nationwide. Continue

Pro-Family Leaders Praise Ga., NY Courts' Pro-Marriage Rulings

By Bill Fancher and Jenni Parker, AgapePress, July 7, 2006

Pro-family groups are celebrating two court rulings on Thursday in New York and Georgia that turned aside bids by homosexuals to legalize same-sex "marriage." While the Georgia Supreme Court's decision to uphold a referendum result banning homosexual marriage surprised few, many conservatives were both surprised and particularly pleased by the strong, pro-family wording of the New York court's ruling. Continue

NY High Court Rules Against Same-Sex Marriage

Randy Hall, CNSNews.com, July 13, 2006

The New York Court of Appeals, the highest court in the state, ruled Thursday that the state "constitution does not compel the recognition of marriages between members of the same sex."

In its 4-2 decision, the court said that "whether such marriages should be recognized is a question to be addressed by the legislature."

"We do not predict what people will think generations from now, but we believe the present generation should have a chance to decide the issue through its elected representatives," Judge Robert Smith wrote. Continue

The Radicals React

Gary Bauer, American Values, email of July 7, 2006

After New York's highest court rejected efforts to redefine marriage by judicial fiat, the radical Left reacted with extraordinary venom. Today's New York Times features a "news story" that should have been placed on the editorial page. Just consider these opening lines which practically romanticize the homosexual rights movement:
"Nowhere did gay marriage seem like a natural fit more than New York, where the Stonewall uprising of 1969 provided inspiration for the gay rights movement and where a history of spirited progressivism had led some gay couples to envision their own weddings someday.
"Yesterday's court ruling against gay marriage was more than a legal rebuke, then — it came as a shocking insult to gay rights groups."
When has the New York Times ever expressed such concern for the sensitivities of men and women of faith, who regularly receive "shocking insults" from our courts on a host of issues? Later in the same article, the Times noted that Joe Solmonese, president of the nation's largest homosexual rights group, "…said he was surprised that the New York decision connected the rights and responsibilities of marriage to child-bearing." Well, that is after all the fundamental issue, and child-rearing should be the paramount public policy concern.
But the most outrageous statement came from Democrat National Chairman Howard Dean, who yesterday wrote in a press release that the decision "relies on outdated and bigoted notions about families." How's that for a "shocking insult" to anyone who takes Judeo-Christian values or common sense seriously? Dean ought to apologize, but this morning I could find no statement from the other party commending the decision or condemning Dean's comments. I don't understand this silence by those in the political establishment who claim to covet the support of "values voters," the men and women who have run up the score -- 20-to-0 with an average vote of 71% at last count – on state-level marriage protection amendments across the country. Marriage and family are not partisan wedge issues, but winning issues that unite the overwhelming majority of Americans. We know Dean is speaking for the 29%. Is anyone speaking for the 71%?