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Same-Sex Conundrum Continues

By ALM Staff | Law Journal Newsletters |

Thirteen gay and lesbian couples brought suit in the state Supreme Court in Albany on April 7, alleging their state constitutional rights to equal protection, privacy and due process were violated when they were recently denied marriage licenses. The couples were joined in their suit by the American Civil Liberties Union and the New York Civil Liberties Union. One of the complainants is Assemblyman Daniel O'Donnell, brother of television and movie personality Rosie O'Donnell, who was, herself, recently married to her lesbian partner in California.

The suit, filed against the state Department of Health, claims that the couples' wedding plans were thwarted when criminal charges were brought against Mayor Jason West of New Paltz for performing same-sex marriages. West had planned to continue performing the marriages despite the couples' lack of marriage licenses, but was enjoined from doing so.

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