Source: New York Sun, Associated Press via Newsday, New York Post

NY marriage rulings

The Arizona-based Alliance Defense Fund has sued Paterson, claiming the governor overstepped his boundaries when he issued an executive order in May calling for state agencies to ensure recognition of same-sex unions performed legally outside of New York. Currently, such marriages cannot be legally performed in the state.

The Bronx court fight comes as thousands of gay New York couples are expected to take advantage of a new Massachusetts law allowing them to wed there.

The right-wing legal group says the question of recognizing out-of-state same-sex marriages lies on the Legislature's legal turf, not the governor's. And the group notes that the Legislature has not moved to recognize the unions.

"(Paterson) is without legal authority to effect such a fundamental and expansive change to the institution of marriage," the group wrote in legal papers filed on behalf of several Republican state senators and other petitioners, who are seeking to stop state agencies from implementing the memo's provisions.

But during oral arguments yesterday, Bronx Supreme Court Judge Lucy Billings sharply questioned the lawyer representing the group, Brian Raum, New York Sun reports.

The most heated exchange came over one of the ADF's key arguments, about the dictionary definition of "marriage".

"It's undisputed that marriage is with a man and a woman," Raum told Billings, using a standard dictionary definition in the complicated case.

Raum argued that, if Paterson's interpretation of New York law were to stand, "then marriage would mean nothing. It would mean whatever any foreign jurisdiction says."

"Yes, it does mean that in New York," Judge Billings replied. She said that there could be an exception if a certain marriage were deemed "abhorrent" but did not say gay marriages fit that definition.

At the hearing, state Assistant Attorney General Monica Connell argued that, so far at least, the Legislature hasn't rejected same-sex unions from other states, New York Post reports.

"The Legislature can speak and they have not," she said.

Judge Billings implied that she would rule against the ADF, forcing them to appeal their case, New York Sun reports. "The petitioners, I'm sure, are headed to a higher court," she said.

Susan Sommer of Lambda Legal, a gay-rights group that intervened in the hearing, argued: "It would be abhorrent to disrespect those [same-sex] marriages in New York."

Connell and Sommer said the ADF had made several previous attempts to challenge the recognition of same-sex marriage in the state, including one on the appellate level. All failed.

Raum said the pending case is different because he is challenging the move by the governor - not the same-sex unions directly.

The judge said she'd issue a decision after Labor Day.

Recognition of out-of-state same-sex marriages has long been honored under New York common law. In 2006, the state's highest court, the Court of Appeals, ruled that the state constitution does not explicitly require the recognition of gay marriages but left open the question of whether such marriages could be recognized.

Plaintiffs include the state Assembly's minority leader, James Tedisco, Assemblymen Daniel Burling and Brian Kolb and state Sens. Martin Golden and Serphin Maltese.

ADF argues that Paterson would need a new law explicitly honoring out-of-state gay marriages in order to issue a directive like the one he made in May.

The alliance's arguments don't "make any showing that the challenged memorandum is contrary to the law of New York," state Attorney General Andrew Cuomo's office wrote, acting as the governor's lawyers.

The alliance is involved in numerous cases that concern gay marriage, abortion, school prayer and other social issues. Before filing its latest suit against Paterson, it already had several ongoing cases against New York's state government over attempts to extend spousal rights to gay couples, Associated Press reports.

Source: Paterson Win On Gay Rites Looks Likely | New York Sun 
NY lawyers defend move to recognize gay marriages | Newsday (AP)
'HOLY' WAR OVER GOV GAY-MARRIAGE RULING | New York Post