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Same-Sex Marriage Continues to Make News

By ALM Staff | Law Journal Newsletters |
January 26, 2005

On Dec. 7, an Albany judge ruled that 13 same-sex couples had not been unlawfully denied their right to marry in New York, finding instead that those couples had no fundamental right to marry. The lawsuit was filed by the American Civil Liberties Union on behalf of the couples.

The case grew out of events in February that set the gay marriage issue on New York's front burner. After the City of San Francisco made the news for issuing marriage licenses to homosexual couples, Mayor Jason West of New Paltz, NY, and several other officials in cities around the United States decided to buck the common interpretations of marriage laws and allow same-sex couples to marry. For New Paltz's mayor, that meant personally presiding over same-sex marriage ceremonies, despite the fact that the couples he married could not get marriage licenses under current state law. West performed several marriage rites over the course of one weekend and vowed he would do the same the following weekend. However, during the ensuing week he was temporarily enjoined from continuing these activities. Eventually, a permanent injunction was issued against him. In West's absence, the weekend ceremonies continued, presided over this time by activist clergy members.

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