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(New York City) The New York Court of Appeals announced Thursday that it would not hear a lawsuit seeking marriage for same-sex couples before it is dealt with by a lower court.
The decision affects two cases.
Last month State Judge Doris Ling-Cohan ruled that the New York State Constitution guarantees basic freedoms to lesbians and gays, and that those rights are violated when same-sex couples are not allowed to marry.
A day later New York mayor Michael Bloomberg announced an appeal saying that while he believes same-sex marriages should be permitted, "If we did not appeal this I think we would have chaos in this city."
Lambda Legal which is representing 5 New York City gay and lesbian couples had sought to have the appeal go directly to the high court, skipping a middle-level state appeals court.
The case was the first of its kind to be filed in New York since the Massachusetts high court ruled that same-sex couples are entitled to full marriage under that state's Constitution.
The second case involved 25 same sex couples in Ithaca who challenged the state law. In that instance the statute was upheld by the trial court.
Judge Robert C. Mulvey ruled that same-sex marriage is the sole prerogative of the Legislature not the courts.
"Social perceptions of same-sex civil contracts may change over time, and every group has the right to persuade its fellow citizens that its view of such matters is the best," Mulvey said in his written ruling. "If that day comes, it is within the province of the Legislature to so act."
Lawyer Mariette Geldenhuys who represents the couples also sought to have the appeal heard directly by the Court of Appeals.
But, today the high court ruled that the case must work its way through the system.
"We're disappointed that it will take more time to resolve this case and secure important protections for same-sex couples and their families," said Susan Sommer, Senior Counsel at Lambda Legal and lead attorney on the case.
Sommer said that it is not uncommon for the state's high court to want the mid-level appeals court to weigh in first and predicted that the procedural development will have no bearing on the ultimate outcome of the case.
"We're ready to make our case for fairness at the mid-level appeals court, and we hope we'll get the same outcome we did at the trial court," Sommer said. "We're looking forward to presenting a strong and persuasive case on behalf of same-sex couples who need the protections only marriage provides."
©365Gay.com 2005
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