July 04, 2006

Wednesday Is Decision Day For NY Marriage Equality

via Andrés Duque's , comes word that New York State's top court will rule on Marriage Equality tomorrow:

In what one legal scholar called a contest between judicial hearts and minds, parsing of legal texts and private sympathies, New York's highest court is expected to rule Wednesday on whether to permit gay and lesbian marriages in the state.

There are several directions the Court of Appeals could take, lawyers said. The most sweeping would be a clear affirmation of a constitutional right of same-sex couples to marry, which would make New York the second state in the nation after Massachusetts to allow such marriages. In that case, the court could order the Legislature to rewrite the state's marriage law.

Stephen Gillers, a law professor at New York University, suggested that a majority of the six judges deciding the case — a seventh recused himself — are personally sympathetic to what the plaintiffs are asking for. But the issue, he said, will be how they read New York State's marriage law, the state constitution, and legal precedents, which are all different from those in Massachusetts.

"The question will be where will their brains be," Mr. Gillers said this week. "The question is whether they can intellectually do what I think intuitively and emotionally they'd like to do."

Supporters have been waiting eagerly for the decision.

Andrés' post also mentions beginning at 6pm in the aftermath of the court announcement, no matter how the case is decided. I'm very, very hopeful that it will actually be a celebratory march at Sheridan Square here in New York City.

If our side wins, it may mean a wedding date for me and my shorty later this year!! Garnet and Ruby will be our color scheme. *hint* *hint*

Posted by ronn at July 4, 2006 06:36 PM

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