gay marriage legal in NY

[bigpoppanils]

It's legal for gays

to marry in New York

By LAWRENCE C. MOSS

Acting to further the equal protection and nondiscrimination provisions of the California Constitution, San Francisco officials went beyond the "man and a woman" definition of marriage in state law last week by issuing licenses to same-sex couples.

On the same day, the New York City clerk disregarded not only constitutional principles, but also existing state statutes by refusing marriage licenses to same-sex couples.

Unlike California law, New York's matrimonial law does not restrict marriage licenses to persons of the opposite sex, in the view of leading legal authorities.

A 1997 report published jointly by three committees of the Association of the Bar of the City of New York and endorsed by the association's committee on matrimonial law concluded that New York's current domestic relations law is gender neutral. The association concluded that marriage licenses can and should be issued now to same-sex couples under existing law. A supplemental joint committee report by the association in 2001 reaffirmed this conclusion.

The report states: "Nowhere in Article 3, which sets out the requirements and procedures for entering into a marriage, is there any requirement that applicants for a marriage license be of the opposite sex. Nor are same-sex marriages among the categories of marriage that are void or voidable."

In Massachusetts, Hawaii, Vermont, Ontario and British Columbia, courts have found state or provincial marriage laws unconstitutional for failing to offer equal rights to same-sex couples. But no such court action is necessary in New York. Local licensing authorities can simply follow the words of the statute and issue licenses to all couples regardless of gender who meet age, health and contractual capacity requirements.

Denying marriage licenses to same-sex couples denies their right to equality under New York law, while simply following the statute honors those rights. Local authorities can abide by both the constitutional principle of equality and the plain wording of the statute by issuing licenses now.

Understanding this point is crucial, since there is little likelihood, given the seemingly permanent control of the state Senate by Republicans, that New York will amend its domestic relations law to explicitly permit issuing marriage licenses to same-sex couples.

On the other hand, it is equally unlikely that once marriage licenses are issued that the Legislature would act to ban them. The New York State Democratic Party, in resolution adopted last September, has committed itself to supporting full marriage rights for same-sex couples. Given this official party position, the Democratically controlled Assembly should be able to resist any pressure to amend the law.

New York City has adopted an admirable domestic partnership law, but so far neither the mayor nor the City Council have called upon the city clerk to begin issuing marriage licenses to same-sex couples.

Unlike San Francisco, New York would be acting in accordance with current state law and constitutional principles by issuing marriage licenses to qualified same-sex couples. It is high time we do so.

Moss is a lawyer in Manhattan and chairman of the Reform Caucus of the New York State Democratic Committee.

http://www.nydailynews.com/news/ideas_opinions/story/164743p-144340c.html

Originally published on February 16, 2004

[siceone]

It's not marriage until the church says so

[normalnoises]

Originally posted by siceone

It's not marriage until the church says so

Don't disappoint mrmahs and igloo when they can now enjoy loving moments together finally. You ought to be happy for them.

How? Since when does the law require this? Did you personally ask God about this? Show me where in NY law where it says the church must recognize marriage. Ever hear of the justice of peace?... or seperation of church and state?

The state MUST recognize the marriage. The church doesn't have to and has no relevancy to the law you fucking homophobic bible thumping asshole.

[siceone]

Marriage is a religious sacrament

Learn something

[normalnoises]

Originally posted by siceone

Marriage is a religious sacrament

Learn something

Weak.

Did God personally tell you this?

Show me proof without bullshit from a book so laden with contridictions it's a pathetic joke dickfaced religious zealot homophobe.

And explain what you said to all those who married before a JP about religious sacrament. Apparently THEY did not go to a church to marry before a priest. Are THEIR marriages invalid because they were not witnessed by "God"?

If two people of the same sex want to be in a relationship, that's their choice. I'm not supreme commander of Earth, so I'm not going to make it my mission to tell them how to lead their love lives. If Jack wants to date/marry/have sex with John and the feeling is mutual, it's the business of Jack and John. It's not my relationship. I don't have to deal with it. And even if I did have any feelings about it, it wouldn't and shouldn't matter, because I have no right to be arbiter of their relationship choices; they are. So long as one isn't raping the other, what happens is up to them.

Edit:

The whole gay marriage thing reminds me of a joke my friend mailed me a few days ago:

Top 12 reasons why gay people shouldn't be allowed to marry

1. Homosexuality is not natural, much like eyeglasses, polyester, and birth control.

2. Heterosexual marriages are valid because they produce children. Infertile couples and old people can't legally get married because the world needs more children.

3. Obviously, gay parents will raise gay children, since straight parents only raise straight children.

4. Straight marriage will be less meaningful if Gay marriage is allowed, since Britney Spears' 55-hour just-for-fun marriage was meaningful.

5. Heterosexual marriage has been around a long time and hasn't changed at all; women are property, blacks can't marry whites, and a woman getting a divorce is illegal.

6. Gay marriage should be decided by people, not the courts, because the majority-elected legislatures, not courts, have historically protected the rights of the minorities.

7. Gay marriage is not supported by religion. In a theocracy like ours, the values of one religion are imposed on the entire country. That's why we have only one religion in America.

8. Gay marriage will encourage people to be gay, in the same way that hanging around tall people will make you tall.

9. Legalizing gay marriage will open the door to all kinds of crazy behavior. People may even wish to marry their pets because a dog has legal standing and can sign a marriage contract.

10. Children can never succeed without a male and a female role model at home. That's why single parents are forbidden to raise children.

11. Gay marriage will change the foundation of society. Heterosexual marriage has been around for a long time, and we could never adapt to new social norms because we haven't adapted to things like cars or longer lifespan.

12. Civil unions, providing most of the same benefits as marriage with a different name are better, because a "separate but equal" institution is always constitutional. Separate schools for African-Americans worked just as well as separate marriages for gays and lesbians will.

Denying gays equal rights as heterosexuals constitutionally is the most anti-american thing anyone including yourself to do siceone. Are you one of those anti gay rights anti-americans?

And you avoided my questions. Very inconsiderate of you.

Who would Jesus discriminate? Should New York get bombed because gay marriage is legal there? Should Massachusetts get bombed too, both in his name you blasphemous bitch?

Thumbs up to New York.

[mr mahs]

Originally posted by normalnoises

Weak.

Did God personally tell you this?

Show me proof without bullshit from a book so laden with contridictions it's a pathetic joke dickfaced religious zealot homophobe.

And explain what you said to all those who married before a JP about religious sacrament. Apparently THEY did not go to a church to marry before a priest. Are THEIR marriages invalid because they were not witnessed by "God"?

If two people of the same sex want to be in a relationship, that's their choice. I'm not supreme commander of Earth, so I'm not going to make it my mission to tell them how to lead their love lives. If Jack wants to date/marry/have sex with John and the feeling is mutual, it's the business of Jack and John. It's not my relationship. I don't have to deal with it. And even if I did have any feelings about it, it wouldn't and shouldn't matter, because I have no right to be arbiter of their relationship choices; they are. So long as one isn't raping the other, what happens is up to them.

Edit:

The whole gay marriage thing reminds me of a joke my friend mailed me a few days ago:

Top 12 reasons why gay people shouldn't be allowed to marry

1. Homosexuality is not natural, much like eyeglasses, polyester, and birth control.

2. Heterosexual marriages are valid because they produce children. Infertile couples and old people can't legally get married because the world needs more children.

3. Obviously, gay parents will raise gay children, since straight parents only raise straight children.

4. Straight marriage will be less meaningful if Gay marriage is allowed, since Britney Spears' 55-hour just-for-fun marriage was meaningful.

5. Heterosexual marriage has been around a long time and hasn't changed at all; women are property, blacks can't marry whites, and a woman getting a divorce is illegal.

6. Gay marriage should be decided by people, not the courts, because the majority-elected legislatures, not courts, have historically protected the rights of the minorities.

7. Gay marriage is not supported by religion. In a theocracy like ours, the values of one religion are imposed on the entire country. That's why we have only one religion in America.

8. Gay marriage will encourage people to be gay, in the same way that hanging around tall people will make you tall.

9. Legalizing gay marriage will open the door to all kinds of crazy behavior. People may even wish to marry their pets because a dog has legal standing and can sign a marriage contract.

10. Children can never succeed without a male and a female role model at home. That's why single parents are forbidden to raise children.

11. Gay marriage will change the foundation of society. Heterosexual marriage has been around for a long time, and we could never adapt to new social norms because we haven't adapted to things like cars or longer lifespan.

12. Civil unions, providing most of the same benefits as marriage with a different name are better, because a "separate but equal" institution is always constitutional. Separate schools for African-Americans worked just as well as separate marriages for gays and lesbians will.

Denying gays equal rights as heterosexuals constitutionally is the most anti-american thing anyone including yourself to do siceone. Are you one of those anti gay rights anti-americans?

And you avoided my questions. Very inconsiderate of you.

Who would Jesus discriminate? Should New York get bombed because gay marriage is legal there? Should Massachusetts get bombed too, both in his name you blasphemous bitch?

Thumbs up to New York.

I wonder why you can actually put together a coherent thought when it comes to Ghey marriage?? Hit home there sperm burper?

The fact is you and your butt buddies can piss and shit all over each other I don't give a flying fawk just don't call it marriage, civil unions is perect...

[normalnoises]

Originally posted by mr mahs

I wonder why you can actually put together a coherent thought when it comes to Ghey marriage?? Hit home there sperm burper?

The fact is you and your butt buddies can piss and shit all over each other I don't give a flying fawk just don't call it marriage, civil unions is perect...

because it's seperate, but equal HOMOPHOBE!!

and I see you don't even have an arguement, don't you?

So tell me, did your pedophelic catholic hate priest fuck you up the ass when you were an alter boy while spewing his religious drivel that gay should not marry or have no rights in general?

Did he cry bloody murder when blacks wanted to marry interracially and when blacks wanted equality under the constitution? The last time I checked they did.

Ponder those thought while you count your war profits to make sure you have enough money to buy that mixing board for matas, your secret bed buddy. I'm sure you'll have enough. Hey, You should invite Igloo and Siceone.

And since you hate it now that you realize gays can marry in NY maybe you should move to Ohio since you hate NY so much.

[mr mahs]

Originally posted by normalnoises

because it's seperate, but equal HOMOPHOBE!!

and I see you don't even have an arguement, don't you?

So tell me, did your pedophelic catholic hate priest fuck you up the ass when you were an alter boy while spewing his religious drivel that gay should not marry or have no rights in general?

Did he cry bloody murder when blacks wanted to marry interracially and when blacks wanted equality under the constitution? The last time I checked they did.

1st- This topic doesn't really get me going. My concern rises when they try to use a sacramental label for there civil unions. You lefties socialist want seperation of state so then why not name it after the correct political term "civil unions" You wanna know why not.....it's because little drag hags like yourself want to bitch and moan about something that the majority of the gay community can give two shits about...You are searching foir something to fight about because you have a empty life....

This topic is getting annoying, they could piss, shit, set each other on fire and stomp each other out with alchohol drenched cleats for all I care... just don't call it "Marriage"... Put that in your pipe and smoke it....

[siceone]

actually Im opposed to a law Defining marriage becasue marriage is a religious sacrament, maybe if you read the GOD DAMN BIBLE and went to church you would know.

[kramadas]

Originally posted by siceone

Marriage is a religious sacrament

Learn something

so you're saying people in the two largest countries in the world don't marry (since they're not Christians)?

Hope not because thats an extremely ignorant statement one would only expect from a retarded hick living in the woods in West VA. Maybe even not them.

[jamiroguy1]

Originally posted by siceone

Marriage is a religious sacrament

Learn something

Some religions accept gay marriages and are marrying them in the church. Is your belief in religion better than everyone else's belief in their religion.

Learn something about the first amendment of our constitution.

[siceone]

Originally posted by jamiroguy1

Some religions accept gay marriages and are marrying them in the church. Is your belief in religion better than everyone else's belief in their religion.

Learn something about the first amendment of our constitution.

Once AGAIN I said it's not Marriage until the church says so ...... so it would be logical to think that if your church says it's marrige Guess what it's marriage... My church doesn't and I didn't say it was a Christian sacrament I said it was a RELIGIOUS sacrament.

you two just show your true colors you don't care about gay marriage so much as you care about making the majority as uncomfortable in their own homes as possible. If two people of the same sex want to share the burdens of life that's fine but ,from my understanding of marriage in the Judeo-Christian faith which was the first faith to my knowlege to require Monogamous matrimony from it's followers, Marriage is the union between a man and a woman to have Children.

If Civil unions give the same Legal Rights as marriage then that's good no one under the law should be separated from the legal physical rights of others under the law.

But It's not the same it never will be the same

you can whine you can moan you can say what ever you like

but a man and a man and a woman and a woman will never be the same as the union between a man and a man.

and that's the bottom line

[jamiroguy1]

Originally posted by siceone

Once AGAIN I said it's not Marriage until the church says so ...... so it would be logical to think that if your church says it's marrige Guess what it's marriage... My church doesn't and I didn't say it was a Christian sacrament I said it was a RELIGIOUS sacrament.

you two just show your true colors you don't care about gay marriage so much as you care about making the majority as uncomfortable in their own homes as possible. If two people of the same sex want to share the burdens of life that's fine but ,from my understanding of marriage in the Judeo-Christian faith which was the first faith to my knowlege to require Monogamous matrimony from it's followers, Marriage is the union between a man and a woman to have Children.

If Civil unions give the same Legal Rights as marriage then that's good no one under the law should be separated from the legal physical rights of others under the law.

But It's not the same it never will be the same

you can whine you can moan you can say what ever you like

but a man and a man and a woman and a woman will never be the same as the union between a man and a man.

and that's the bottom line

I wish you were right... and we could agree but you just plain and simple wrong here.

CIVIL UNIONS ARE NOT THE SAME THING AS MARRIAGE.

NO ONE CARES WHAT YOUR CHURCH DOES.

Newsflash for you: Some churches allow gay people to marry. You're just going to have to come to grips with the fact that people will do what ever they want, even if that means getting married in their church. I'm not saying that the gov't should force churches to marry gay people. That's up to that denomination to decide whether they want to marry gay people and I think the ones that will allow it have made a stance.

Sounds like you're the one whining. Don't be so affraid to give gay people the same rights that you and your children should have or should all gay people burn in hell?

[siceone]

Originally posted by jamiroguy1

I wish you were right... and we could agree but you just plain and simple wrong here.

CIVIL UNIONS ARE NOT THE SAME THING AS MARRIAGE.

NO ONE CARES WHAT YOUR CHURCH DOES.

Newsflash for you: Some churches allow gay people to marry. You're just going to have to come to grips with the fact that people will do what ever they want, even if that means getting married in their church. I'm not saying that the gov't should force churches to marry gay people. That's up to that denomination to decide whether they want to marry gay people and I think the ones that will allow it have made a stance.

Sounds like you're the one whining. Don't be so affraid to give gay people the same rights that you and your children should have or should all gay people burn in hell?

Im sorry to burst your bubble but ALOT of people care what the catholic church does..

once again you are spinning. I do want to give the same legal rights to gay couples as straight couples that's fine I think that if you want to assign rights and benefits to who ever you should be able to. Im telling you that it is not the same it just isn't.

and another thing don't even bring up that you want gay people the burn in hell shit, I love the scare tatics you love the scare tactics you liberals use to try to shame people into agreeing with you. YOU CAN NEVER STICK TO THE ISSUE

Tell me what is the Legal Difference between Civil unions and marriage. you know there are civil unions for straight people too and the practice has been around for years

you tell me what the difference is between the two besides the word,.

[jamiroguy1]

Originally posted by siceone

Im sorry to burst your bubble but ALOT of people care what the catholic church does..

once again you are spinning. I do want to give the same legal rights to gay couples as straight couples that's fine I think that if you want to assign rights and benefits to who ever you should be able to. Im telling you that it is not the same it just isn't.

and another thing don't even bring up that you want gay people the burn in hell shit, I love the scare tatics you love the scare tactics you liberals use to try to shame people into agreeing with you. YOU CAN NEVER STICK TO THE ISSUE

Tell me what is the Legal Difference between Civil unions and marriage. you know there are civil unions for straight people too and the practice has been around for years

you tell me what the difference is between the two besides the word,.

lol... Talk about spin.

I'm sticking to the issue. You're not understanding that what your saying is pretty pig headed and elitist. Listen, as I have explained this several times before.

DIFFERENCES BETWEEN CIVIL UNIONS AND MARRIAGE.

1. PORTABILITY. One state will not recognize another couples status.

2. TAX BENEFITS. Civil Unions do not offer the same tax breaks as a married couple.

3. EXCLUSION OF INSURANCE BENEFICIARIES. Most life insurance policies do not pay to civil union couples.

4. Denial of Freedom of Religion.

Contrary to what you believe, the catholic faith, or islam, or judaism, or hindism's (etc) rules do not rule everyone on earth. And especially in the United States of America where we have freedom of religion unlike the puritanical rule you'd like for everyone here to live in. You contradict yourself if you believe in the basic human rights of everyone in the United States but not for gays.

[kramadas]

If civil unions and marriage had the same benefits then yeah I don't care what you call it (marriage or union). I don't think thats the case though.

And you're wrong about monogamous marriage - thats been around in Hinduism long before the Judeo-Christian religion.

Plus you said sanctioned by church. church does not encompass all religions.

[normalnoises]

Originally posted by siceone

actually Im opposed to a law Defining marriage becasue marriage is a religious sacrament, maybe if you read the GOD DAMN BIBLE and went to church you would know.

^^

The same adage the church groups and conservatives used when they tried to ban interracial marriage.

Sorry to bust your judeo christian bubble but in the US we have something known as seperation of church and state protected by the first amendment in case you never heard of such an amendment with such language meaning that laws cannot be passed by church influence so therefore seeing as how this is a democracy not a theorocracy the bible has no bearing on the law. There are more than just one religion in this country so therefore laws cannot be passed to accomodate just one religion forcing it upon others. Just because you have a personal problem with it does not mean you can force your will upon everyone.

Also show me where in the laws where it actually state marriage is a sacrement. That word does not exists in the laws as much as christian, god, jesus, bible or even sacrement is mentioned in our constitution.

Too bad you cannot see this.

Raver good points. well said

mrmahs thanx for proving you fail to have an arguement thus you proved my points.

[mr mahs]

Originally posted by normalnoises

mrmahs thanx for proving you fail to have an arguement thus you proved my points.

I'm just shocked you know so much about homosexuality and their daily struggle.. WOW I'm impressed you should write a book... "I just wanna be Normal" :laugh: Jerkoff I could give a rats ass about this topic or about the people fighting for it, doesn't concern me....Good try

[pattbateman]

hahhahahhaahahhaha "i Just Wanna be Normal"

hjahhahahahahahhahahhahaha

[sonnythompson]

I am a Christian in Opus Dei who loves George W. Bush. I was particularly impressed when he quoted St. Josemaria Escriva the founder of Opus Dei in his inaugural speech: "But as a saint of our times has said, every day we are called to do small things with great love." I'm glad that Bush finally put his foot down to clear up this mess. It's a miracle that we finally have a president that checks in with the Pope.

god bless.

sonny

[sonnythompson]

It's a relief that Bush has found guidance with the papacy and Opus Dei. We now have a president that is well supported.

I heard that bush has a conference with the Pope once a week.

Sonny

[vicman]

wtf? 3 posts all saying the same shit?

[pattbateman]

hey i read the da vinci code opus dei is fuckin nutty

i dont care what you say

ive done research and they are crazy

i do not think bush in any way participates in their religious ways

[bigpoppanils]

Originally posted by sonnythompson

It's a relief that Bush has found guidance with the papacy and Opus Dei. We now have a president that is well supported.

I heard that bush has a conference with the Pope once a week.

Sonny

considering that Bush is a Protestant, that is highly unlikely.

[pattbateman]

this is gotta be a joke