Same-sex marriage ban ruling [NY SC] News
Same-sex marriage ban ruling [NY SC]

Hernandez and Cohen et al. v. Robles, New York Supreme Court, Justice Doris Ling-Cohan, February 5, 2005 [ruling that New York's law banning same-sex marriages violates the state constitution]. Excerpt:

As a society, we recognize that the decision of whether and whom
to marry is life-transforming. It is a unique expression of a private bond and profound love between a couple, and a life dream shared by many in our culture. It is also society's most significant public proclamation of commitment to another person for life. With marriage comes not only legal and financial benefits, but also the supportive community of family and friends who witness and celebrate a couple's devotion to one another, at the time of their wedding, and through the anniversaries that follow. Simply put, marriage is viewed by society as the utmost expression of a couple's commitment and love. Plaintiffs may now seek this ultimate expression through a civil marriage.

Rote reliance on historical exclusion as a justification improperly forecloses constitutional analysis and would have served to justify slavery, anti-miscegenation laws and segregation. There has been a steady evolution of the institution of marriage throughout history which belies the concept of a static traditional definition. Marriage, as it is understood today, is both a partnership of two loving equals who choose to commit themselves to each other and a State institution designed to promote stability for the couple and their children. The relationships of plaintiffs fit within this definition of marriage.

Similar to opposite-sex couples, same-sex couples are entitled to the same fundamental right to follow their hearts and publicly commit to a lifetime partnership with the person of their choosing. The recognition that this fundamental right applies equally to same-sex couples cannot legitimately be said to harm anyone.

While, undeniably, religious institutions have a historical and spiritual interest in marriage and the recognition of those married under their tenets, ultimately it is the government's choice as to which relationships to recognize as valid civil marriages and whether, and the degree to which, legal protections, burdens and privileges should be conferred on that civil institution. The Court recognizes that this decision may cause pain to some in that their religious convictions forbid the recognition of same-sex marriage. However, the Court emphasizes that government recognition that same-sex couples may be civilly married does not impact on those married under the tenets of their individual faith, and does not require that religious institutions change their tenets, nor their definition of marriage under their faith. Moreover, such religious considerations cannot legally be the basis upon which to curtail the constitutional rights of plaintiffs.

Read the full opinion [PDF]. Reported in JURIST's Paper Chase here.