N.Y. State Supreme Justice Upholds Constitutionality of Marriage Law
State Supreme Court Justice Joseph Teresi is the second New York judge in two months who has ruled that there is no fundamental right to same-sex marriage.
The New York State Supreme Court ruled Tuesday that homosexual couples do not have a fundamental right to marry.
State Supreme Court Justice Joseph Teresi dismissed challenges to New York’s marriage laws brought by thirteen same-sex couples, including State Representative Daniel J. O’Donnell – brother of Rosie O’Donnell, saying, the state’s definition of marriage as a union between one man and woman is not a constitutional violation of due process, equal protection and free speech rights.
"[T]here is a legitimate state interest in granting marriage licenses only to opposite sex couples,” Teresi said.
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In October, Rockland County Supreme Court Justice Weiner had also upheld the constitutionality of New York’s marriage laws and rejected arguments that same-sex marriage was a fundamental right protected by the due-process clause of the New York state Constitution. The suit was filed by Lambda Legal on behalf of 10 same-sex couples, also known as the “Nyack 10” since the group included Nyack Mayor John Shields and his partner.
The New York Civil Liberties Union, which represented the thirteen couples, and Lambda Legal have both promised to appeal the decisions.
Liberty Counsel’s Senior Litigation Counsel, Rena Lindevaldsen, had filed a brief on behalf of New York Family Policy Council, Senators Ruben Diaz Sr. and Raymond Meier, Assemblyman Daniel Hooker, and business owner Michael Long in the case, urging the court to uphold the state’s current marriage definition.
Mathew D. Staver, President and General Counsel of Liberty Counsel, called the ruling “a great victory for traditional marriage.”
“Within a few months, two New York courts have upheld the state’s marriage laws. Marriage between one man and one woman is common sense. The state has an obvious interest in preserving traditional marriage. The state clearly has the right to prefer the best family arrangement for children and society.”
The case is known as Samuels v. New York State Department of Health.
