NY Marriage Law Gets Another Step Closer to Ruling

(New York City) A third case by same-sex couples seeking the right to marry is a step closer to New York's highest court. An appeal was filed in a midlevel court on Tuesday on behalf of the so-called Nyack 10.

Among the 10 couples is Nyack Mayor John Shields and his partner.

In 2004 the couples sought marriage licenses at the Orangetown Town Hall. When they were turned down they sued. A lower court judge dismissed the case saying marriage should be decided by the legislature.

The lawyer for the couples, Norman Siegel, filed papers Tuesday in the Second Appellate Division in Brooklyn. The appeal says that denying same-sex couples the right to marry is violates the state constitution.

Whatever the outcome in the case it is likely to be appealed by one side or the other to the high court - the Court of Appeal - where two other cases involving same-sex couples are already waiting.

The first case will be argued on May 31. That one involves five gay and lesbian couples from Manhattan who were denied marriage licenses in New York City. The couples are represented by Lambda Legal.

Last December an appeals court overturned a lower court ruling that found the ban on gay marriage was illegal. (story)

New York Mayor Michael Bloomberg appealed Ling-Cohan's decision and Lambda in turn appealed the appellate decision.

In Lambda's written brief to the high court it states, in part, that, "This appeal is about far more than abstract legal principles. At heart, it concerns real New York families who share the same love and day-to-day journey together through life that binds married couples."

In the second case, the ACLU is representing 12 same-sex couples, among them New York State Assemblyman Danny O'Donnell and his partner John Banta. (story) O'Donnell is the brother of Rosie O'Donnell.

Written arguments were submitted earlier this month and the high court has not yet set a date to hear arguments.

The Court of Appeals could render a decision in the Lambda case first, making moot the other two, or it could wait until it has heard arguments in all three.