NY App Div Ct Upholds Ban on New Paltz Same-Sex Marriages

[TaleWgnDg]

.

(The Appellate Division of State Supreme Court in Albany) upholds ban on New Paltz(, New York) same-sex marriages

Holly Manges Jones, Jurist News, Friday, October 28, 2005, at 3:11 PM ET

(JURIST NEWS) (The Appellate Division of State Supreme Court in Albany) has upheld a lower (state) court ruling (JURIST report) banning New Paltz (official website; JURIST news archive) Mayor Jason West from performing same-sex marriages. The unanimous five-judge panel said West "acted beyond his authority" when he presided over 24 gay marriages last year. West was tried for violating New York's domestic relations law (JURIST report), but has repeatedly argued that he was attempting to uphold the constitutional rights of gay couples. Justice John Lahtinen wrote the court's opinion (.pdf format, AdobeReader® required) saying:

West robed himself with judicial powers and declared the marriage laws of this state unconstitutional. Having concluded that the Legislature violated the constitution, he then wrapped himself with that body's power and drafted his own set of documents for licensing marriages. In so doing, he clearly exceeded his role as a village mayor.

The appellate court has also been hearing individual cases brought by same-sex couples who were refused marriage licenses, some of which are expected to go to New York's high court to make the final determination on whether the state will allow same-sex marriage (JURIST news archive). From Albany, 1010 WINS has local coverage.
. . . more at . . . http://jurist.law.pitt.edu/paperchase/2005/10/new-york-appeals-court-upholds-ban-on.php
.

.

[TaleWgnDg]

1. And, more here . . .

.

New York Appeals Court rules that New Paltz Mayor may not solemnize same-sex marriage

The Appellate Division of State Supreme Court in Albany yesterday ruled that New Paltz Village Mayor Jason West had no authority to solemnize same-sex marriages. The lawsuit against Mayor West and the village was brought by Liberty Counsel on behalf of Robert Hebel, a New Paltz Village trustee. Rena Lindevaldsen, senior litigation counsel of Liberty Counsel, presented the oral argument before the three-judge panel on September 12, 2005.

Last year West prepared his own form and sought to solemnize same-sex unions. Liberty Counsel filed suit, and Judge E. Michael Kavanagh issued an injunction stopping the mayor, noting that marriage in New York is between one man and one woman. West then appointed Rebecca Rotzler and Julia Walsh – two other village trustees – to solemnize same-sex “marriages.” Liberty Counsel filed suit again and obtained another order blocking any village official from violating the law. The Mayor and the Village appealed the order.

The appeals court sided with Liberty Counsel and ruled that the mayor and the Village of New Paltz had no authority to violate state law, which authorizes only marriage between one man and one woman. In the opinion, the appeals court stated that the mayor’s “actions implicated a core constitutional tenet; that is, the separation of power. Here, West robed himself with judicial powers and declared the marriage laws of this State unconstitutional. Having concluded that the Legislature violated the constitution, he then wrapped himself with that body’s power and drafted his own set of documents for licensing marriages. In so doing, he clearly exceeded his role as a village mayor.”

. . . more at . . . http://www.midhudsonnews.com/News/West_overruled-28Oct05.htm
.

.


.

[mestup]

2. Why is marriage the sacred cow of the wingnuts?

I mean really. I don't get it.

If they could convince me that restricting "marriage" to just "one man and one woman" would somehow:

raise the minimum wage
guarantee a single payer national healthcare plan
end the war in Iraq
stop corporate subsidies

Well, I might take a second look at it. Why can't these extremists just shut up and go away?

[TaleWgnDg]

3. Do you really want an answer? I think you already know that . . .

.
Do you really want an answer? I think you already know that . . . there's a small segment of the American society that barfs at the thought of homosexuals and "homosexual sex." Something about "Jesus said it and I believe it" crap. These blinded narrow-minded zealots have done an extraordinary quantity (successfully, obviously) of outreach, campaigning, and grassroots organizing emulating the manner of the lefties 50s and 60s civil rights movement, using their religious institutions as central collective.

They then jumped, politically, from the Democrats to the Republican Party wherein they snuggled acceptedly into the uber-rightwingnut faction of the Republican Party. Loud, raw, out-spoken, no-holds-barred in the name of Jesus, take no prisoners absolutism attitude backed by large campaign monies. It worked. The corporate factor of the Republican Party would not be where it is today w/o these rigid extremist "religious" idiots.

George Walker Bush found this out quite early on in his political days, unlike his father who still doesn't "get it." That's what guru Karl Rove did.

That's right. Politics and religion. Grass roots zealous symbiosis at its height.

The glue that holds these factors together is deflection away from reality and its real issues. The gay community (GLBT) has now replaced the evil, ungodly Communist Party. GLBTs now "cause" the eeeewwwwwww factor amongst Bible-thumping "Christians." It may be said that GLBTs have almost replaced the "fun" factor of bashing "*iggers" too.

Yup, the uber-rightwingnut "religious" zealots chant is now "Gays, Guns, and God" no matter how illogical. However, marriage solidifies them more than any other political factor. Marriage hits them in the bread basket of their home central to their "Christian" belief system. GLBTs "threaten" their life, their belief system, and their children! Wow. What a deflection away from life's realities!

All this, no matter how illogical and irrational. Religion closes the mind to accept rational information. No wonder Karl Rove loves it.


Let's really lock in uber-rightwingnut hateful religious thinking
by having judges who will do so!
Pack the courts!
.

[mestup]

4. It wasn't a disingenuous question. SERIES 111111111

LOL. Seriously, I understand what you're saying. I also realize I don't personally know many wingnuts. What I DON'T understand is how this "small segment of American society" can continue to hold so many people captive to their jihadist beliefs.

It's hard to imagine that so many Repub voters truly worry more about gay marriage than they do about the economy.

I'd like to think it's possible a significant segment of Repub voters have been unaware of the dark, hidden beast in their midst. (Now, I do personally know many Repubs who aren't wingnuts. They'll quickly tell you they don't care if gays marry. They care about the price of gas!)

I think these wingers need LOTS of exposure.