Gay Marriage News for New York

Court's Gay Marriage Ruling Will Test Paterson's Policy
New York State Politics
By JOSEPH GOLDSTEIN, Staff Reporter of the Sun
June 23, 2008

The issue of gay marriage in New York is returning to court today, with a panel of appellate judges in Brooklyn scheduled to hear arguments on whether the state must recognize same-sex marriages performed elsewhere.


New York State currently does not permit gay couples to marry but has, for the most part, recognized unions that have been performed out of state. Just last month, Governor Paterson took steps to ensure that all state agencies recognized gay marriages performed elsewhere.

But whether the Legislature or the courts will allow Mr. Paterson to set the policy on this issue remains to be seen.

The case being heard today, Godfrey v. Spano, will consider whether recognition of same-sex marriages first requires approval from the Legislature. So far the Legislature hasn't passed any laws relating to gay marriage.

Whatever decision the Brooklyn appeals court reaches in the Godfrey case is sure to be quickly appealed to the state's highest court, the Court of Appeals.

The lawsuit, which is being litigated by a Christian legal group based in Arizona, predates Mr. Paterson's pronouncement. It is a challenge to a similar marriage recognition policy by the Westchester county executive, Andrew Spano. The suit, filed in 2006, is brought in the name of four Westchester county residents who say the policy brings "injury and mischief" to local taxpayers because it will extend spousal benefits to the spouses of gay county employees who entered into same-sex marriages out of state.

Massachusetts and California are the only two states that perform gay marriages. Canada also conducts such marriages.

New York State has long recognized out-of-state marriages between men and women who are not eligible for marriage in this state. In one oft-cited precedent, the state recognized a Rhode Island marriage of an uncle and niece. The main legal question before the court is whether that principle applies to same-sex unions.

The case may well turn on how the court defines marriage.

A lawyer for the Arizona group, the Alliance Defense Fund, argues in an appellate brief that this marriage recognition rule "does not apply to same-sex unions, regardless of whether they are labeled a 'marriage,' because a same-sex union, by definition, does not qualify as a marriage." In support, the group's lawyer, Brian Raum, quotes from several dictionary definitions of the word "marriage," including one popular in the 1700s.

A gay rights organization, Lambda Legal, which represents a gay married couple from Westchester in the case, argues that the marriage-recognition principle must extend to gay marriages.

"This action should be recognized for what it is — a bald maneuver to impair the rights of lesbian and gay New Yorkers by ideologically motivated plaintiffs and counsel who cannot countenance that government officials are applying New York law evenhandedly to these residents," a Lambda Legal lawyer, Susan Sommer, argued in an appellate brief.

The Alliance Defense Fund recently filed a similar suit challenging Mr. Paterson's marriage-recognition policy. The group dates back to 1994 and was founded by prominent evangelical Christians, including the evangelists William Bright, D. James Kennedy, and the president of Focus on the Family, James Dobson.

Scolding me on Facebook that I can't keep up to my end of the bargain in BLOGland... well I NEVER! (whispering the last few words while looking up in my "nini" way, hurt and embarrassed).

You know how my MIND works by now, either the voices are all in order with one thought leading the way OR they come quickly scattered with A.D.H.D symptoms.

Chew on this pic for awhile! I JUST know my poetry leaves you perplexed & alone with many questions. LMBBAOA!

Dude, I was thinking about the time that I had the "lunch box" book(remember 'Nember the pink book with the oral sex "how tos" that Tom got woozy from and had to retreat to the bedroom???). Remember 'Nember on "MY Space" I was like if you listen to Rick Springfield "Jesses Girl" their will be answers... please tell me you remember that funny ass moment where YOU actually believed that by playing "Jesse's Girl" record backwards (like a cult member)you would hear the answers to pleasure a woman.

'Nuff said~ my face says it all! Switches, me love you the longest of the longest time!

 

Eyes of a Child

 

It's 9:30 AM. He has been transported successfully to his destination, school. All is well in the Shlape household.
In this moment, I may find Zen. An hour ago I was serenity challenged. There were temper tantrums and tears (and that was just from the "Big Mama")and ring side seats for"five year old vs wreck of the week mama" battling.

It seems my voice does NOT intimidate him anymore. I pulled out my bag of "Mama" warfare and he challenged me until I surrendered.

My only question to him, while in our calm state, what happens? I want to be able to understand through the eyes of MY child how he can disappear into another world while presently walking through his day with ten tasks to go.
He has a goal, I turn around and he IS OFF running naked throughout freshly vacuumed rooms with plastic kitchen toy knives as his "karate" sticks. I prompt more than necessary for a 5 year old who has been doing this ALL YEAR LONG. Hollering ensues.

I wish I could not panic over deadlines. I long to be the mother who balances the world with one hand while defying school rules, BECAUSE she IS "SUPERDUPERDELICIOUS MOM" who has no time for piddly nonsense due to the fact she is fighting Global Warming/Healing the sick in her family/volunteering at the local soup kitchen ALL while working a FULL TIME job and putting a five course meal on the table by 5.

I worry. I fear the... duh.. duh... duh... LATE sign in BOOK. It is a book of failure. I hang my head low and sign him in. If I can't get my five year old "Red Devil" to school on time how will I EVER be successful enough to be a GUEST star on OPRAH? I admit for a few months I put some creative flair to my late book signing excuses: laundry piling up and son with fashion issues, needed chemicals to live (asthma attack), loves to sleep/hates to listen... After awhile I call my partner, again with my head hung low, and admit defeat "I signed the book again!" She knows my issues about the book. My need to be: “Practically Perfect Poppins”.

Today, I signed the book. Actually yesterday I signed it, too. My excuse: LATE. Do I really care at this point? 10+ more days of school and we have to worry about where we will place the BOY for summer camp. It's on my SANTA (means long mother hellion) LIST. My partner always says, "I guarantee that by the time he goes to college this will not matter."

This morning my son and I connected once again on the way to school. We talked about pacts broken and new finger promises to start fresh. I still long to know what goes on inside that five year old. Where he goes when the world is still moving?

In the end, I am jealous. I wish to be five again to live through the eyes of a child. They fight and make up with no grudges held. They have little worries of the future and live in a second to second time frame. They struggle to remember the past. It’s as if it has been “Etch-A-Sketch” from their cranium. Today does not have to play Peek-A-Boo with them because they are lost in yesterday. Today is their companion.
If I can JUST be happy in the moment and not fret over small things I will see things through the eyes of a child.
'Nuff said! Peace out peeps!