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The Verdict: Gay Marriage Still Banned in New York


The New York Court of Appeals voted against legalizing gay marriage Thursday morning. By Thursday evening, hundreds of supporters protested across New York, suggesting that the decision may have been made, but the battle lingers on.

In a 4-2 ruling, New York’s highest court stated that “the New York Constitution does not compel recognition of marriages between members of the same sex” and the issue of defining marriage should be made by the Legislature. The court also stated that restrictions on marriage do not limit equality- all have the right to marry on the condition it is a man and a woman uniting. New York law does not explicitly define marriage as a union between a man and a woman, but the ruling argues that there is a “universal understanding” of the conditions. Also stated in the ruling was that the plaintiff’s had not convinced the court that a restriction on same-sex marriage is “based solely on ignorance and prejudice against homosexuals,” arguing that the ban is also protecting the welfare and stability of children.

Gay marriage supporters were ready across New York to either celebrate a victory or demonstrate against an undesired verdict from the Court. After the ruling, many outraged advocates organized protests in Rochester, Albany, and New York City. While protesters held signs in disdain for the verdict, they also agreed to focus on succeeding at the next level- the Legislature.

Many New York elected officials have been long supporters of gay marriage, including New York City Mayor Michael Bloomberg and Senator Tom Duane.

President George Bush supports legislation to amend the Constitution to ban same-sex marriages across the country. Hawaii lifted the ban on gay marriage in 1996, followed by Massachusetts in 2003. In 2000, the state of Vermont constructed “civil unions,” where gay and lesbian couples could obtain the same rights and privileges as in a marriage. A Constitutional amendment would negate these state constitutional amendments.

Eva Fattahi



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