Friday, June 15, 2007

NY State Court of Appeals Rules on Gay Marriages



In sum, the Court has declared that the NY State Constitution does not compel same-sex marriages. This is what I've gathered sofar -- the legislature hasrational reasons for not extending the right to marry to same-sex couples. The Court reasons as such: 1) marriage encourages straight couples to commit to long-term relationships where children are involved and, therefore, promotes a more stable environment for children; and 2) although it was asserted that childrenare not necessarilyadvantagedin being raised by an opposite-sex union as opposed to a same-sex union, the legislature has reason not to be entirely convinced of this.And further, although it wasargued to the Courtthatprejudice against same-sex marriages is motivated by the sameprejudice thatencouraged prohibition ofinterracial marriages in the past, the Court distinguished prejudice in the form of racism as, in essence, being more valid due to its long provenhistory. And I quote:Plaintiffs have not persuaded us that this long-accepted restriction is a wholly irrational one, based solely on ignorance and prejudice against homosexuals... If we were convinced that the restriction plaintiffs attacked were founded on nothing but prejudice ... we would hold it invalid, no matter how long its history...Racism has been recognized for centuries -- at first by a few people, and later by many more -- as a revolting moral evil. This country fought a civil war to eliminate racism's worst manifestation ...It is true that there has been serious injustice in the treatment of homosexuals also, a wrong that has been widely recognized only in the relatively recent past [emphasis added]... But the traditional definition ofmarriage is not merely a by-product of historical injustice. Its history is of a different kind.The idea that same-sex marriage is even possible is a relatively new one. Until a few decades ago, it was an accepted truth for almost everyone who lived, in any society in which marriage existed, that there could be marriages only between participants of different sex. A court should not lightly conclude that everyone who held this belief was irrational, ignorant or bigoted. We do not so conclude. [Emphasis added]...Well. I don't know about you, but I'm convinced. [Insert heavy sarcasm.]ETA: Just to be clear here. Unfortunately, idealistic as I endeavor to be at times, I am quite grounded in reality. And cynicism. I was NOT surprised at this outcome. Disappointed? Yes. Deeply. However, what I found most appaling was the way in which the majority of the Courtarrivedat this conclusion, which was archaic reasoning and simply abominable. Quoting Justice Kaye's dissenting opinion:"For most of us, leading a full life includes establishing a family. Indeed, most New Yorkers can look back on, or forward to, their wedding as among the most significant events of their lives. They, like plaintiffs, grew up hoping to find that one person with whom they would share their future, eager to express their mutual lifetime pledge through civil marriage. Solely because of their sexual orientation, however -- that is, because of who they love -- plaintiffs are denied the rights and responsibilities of civil marriage. This state has a proud tradition of affording equal rights to all New Yorkers.Sadly, the court today retreats from that tradition."In addition, if you wish to offer comments here, do me a favor and don't pretend or act like you know more than I do. Because even ifyou do, I won't appreciate the condescending tone. It's called human nature.Take this as a warning: delete button the first time, expect snarkiness the next.

17 comments:

eeeeinglseh said...

Is disappointed in my states argument. If this is their argument then only couples capable of bearing children should be allowed to marry. In the same vein only couples regardless of sex who are intending to raise children should be allowed to marry. All people of whatever gender or race who are not planning to bear children should be barred from marriage. Mind boggles at bizarre logic.

daarioeiprofdcia said...

yikes, I'm never going to have children. What does this MEAN?? :-p I guess I shouldn't ahve gotten married...:-p

pssaaatn said...

Um, isn't it legal for a same sex couple to adopt? It is in my state. Therefore, this whole well, when straight people get married, there could be children involved argument is moot. There could be children involved in same sex marriage, too. In fact, I know several lovely same sex couples who are raising children. What a load of incredible crap. AND I know lots of opposite sex couples who are married and never intend to have children! GRRRRRRR.

aintoyursugarpie9 said...

marriage encourages straight couples to commit to long-term relationships where children are involved and, therefore, promotes a more stable environment for children1. So same-sex marriage rights will DISCOURAGE straight couples from getting hitched? Ooooooooooooookay.2. By the same logic, same-sex marriage rights will somehow corrupt those straight couples' long-term relationships as well? Because from where I'm sitting, their current record for stability without the gay marriage bogeyman is nothing to brag about.It always comes down to some specious fear that allowing same-sex marriage somehow invalidates opposite-sex marriage. It's not rules or law that makes a relationship successful. It's the two people involved.

aintoyursugarpie9 said...

marriage encourages straight couples to commit to long-term relationships where children are involved and, therefore, promotes a more stable environment for children1. So same-sex marriage rights will DISCOURAGE straight couples from getting hitched? Ooooooooooooookay.2. By the same logic, same-sex marriage rights will somehow corrupt those straight couples' long-term relationships as well? Because from where I'm sitting, their current record for stability without the gay marriage bogeyman is nothing to brag about.It always comes down to some specious fear that allowing same-sex marriage somehow invalidates opposite-sex marriage. It's not rules or law that makes a relationship successful. It's the two people involved.

k5oihcmch5 said...

Well, here is the Court's rationale verbatim:"[The Legislature] could find that an important function of marriage is to create more stability and permanence in the relationships that cause children to be born. It thus chose to offer an inducement -- in the form of marriage ...... this rationale for marriage does not apply with comparable force to same-sex couples. These couples can become parents by adoption ... but they cannot become parents as a result of accident or impulse. The Legislature could find that unstable relationships between people of the opposite sex present a greater danger that children will be born into or grow up in unstable homes than is the case with same-sex couples, and thus that promoting stability in opposite-sex relationships will help children more ...

mepatheticlife8772 said...

Well, they're not actually saying that same-sex marriages will discourage opposite-sex marriages. They are, however, saying that basically, it's all about the children. And because children may be born on impulse between opposite-sex couples, then it's better they have some incentive to stay in long term relationships in order to provide stability for the children.And, basically -- let the Legislature decide because same-sex couples don't have the "right to marry" under the state constitution.If it looks like bullshit and smells like it, too ... don't doubt your conclusions.

bethne said...

Mind boggles at bizarre logic.*iz boggled with you*

wwotaoblorbcwm said...

It doesn't mean anything as far as opposite-sex couples are concerned. The whole argument regarding ability to bear children on impulse is just all hogwash -- and that's what a lot of the Court relies its reasoning upon. Essentially, it's rational to encourage marriage between opposite-sex couples because there's the risk factor of such couples bearing children "on impulse" and therefore marriage and its civil benefits work as incentive for opposite-sex couples to remain in long-term relationships -- and THUS create more stability for children.

funcion5rio6a said...

That's the biggest pile of bullshit I've ever read...And it makes NO sense!!!!!

freddibnah said...

Welcome to my world.

freddibnah said...

oh yes - because "accident" or "impulse" is such a great reason to have a child. And omfg I could just rant away here. WTF? Opposite sex couples offer more stability? Where? What about these sluts who have 2 or 3 different kids by different men/women? What stability is being promoted there? The rationale offered above makes absolutely no sense. I'm fucking pissed and this isn't even an issue I really take a great interest in but the idiocy here is too overwhelming to ignore. I gotta go hit something.As Debbie Novotny says - it isn't who ya love, but how ya love.

nr3fcinedun7a said...

Yes, I agree that the Court's reasoning is idiocy. Although I have to disagree with your comparison to women who have multiple children by different men and describing them as "sluts." I absolutely don't think opposite sex couples will guarantee children more stability than same-sex couples. But I also don't agree that women -- even if they're single parents -- would be unable to provide stable homes to children regardless of how many different fathers were involved in the conception of those children.

newnewsex said...

sorry - I was talking more about the people who don't have the sense enuf to practice birth control, keep having kids & neglecting them. I certainly meant nothing against single-parents who actually care for their kids - my aunt was one - my mother should've been one.

bloomingbeauties8310yahoocom said...

This is why I am not a lawyer.. I got lost after the first paragraph!

ghakadevimseryahoocom said...

In addition, if you wish to offer comments here, do me a favor and don't pretend or act like you know more than I do. Because even if you do, I won't appreciate the condescending tone.If that was me, I'm sorry. It wasn't meant that way.

doreengreya7dmin3 said...

I didn't even get around to attempting it -- at least you tried! :)