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Court Hears Arguments on Same-Sex Marriage

By Mark Fass
June 28, 2006

The Court of Appeals heard spirited arguments May 31 on whether New York should become the second state to legalize gay marriage. The judges did little to tip their hands as to how they would vote, greeting both sides with wide-ranging, skeptical questions. The arguments covered the four joined decisions that each held that New York state law precludes same-sex couples from marrying: the First Department case Hernandez v. Robles, 805 NYS 2d 354 and the Third Department cases Seymour v. Holcomb, 811 NYS 2d 134; Matter of Kane v. Marsolais, 808 NYS 2d 566; and Samuels v. New York State Department of Health, 811 NYS 2d 136. Judge Albert M. Rosenblatt recused himself, reportedly because his daughter, a Los Angeles attorney, has worked on same-sex marriages cases in New Jersey and California. That left only six judges to hear arguments.

Arguments for Same-Sex Marriage Rights

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