Whither Same-Sex Marriage?

July 6 marked an historic moment in the history of New York's Court of Appeals. Some will argue (this author included) that it is a black mark against the court's reputation as an institution willing to take a different, non-traditional path for the determination of significant, historic and controversial issues of equal rights and equal protection under the law when the high courts of its sister states have often ducked and evaded the opportunity to confront societal biases head on. Oftentimes, our Court of Appeals has turned to the New York State Constitution for this purpose in order to ensure that the underpinnings of its decisions will withstand attack in the Federal Courts. Nevertheless, the current Court of Appeals has punted the issue of same-sex marriage back to New York's Legislature over a carefully crafted and ringing dissent by Chief Judge Judith S. Kaye.

24 minute read August 01, 2006 at 09:06 AM
By
Alton L. Abramowitz
Whither Same-Sex Marriage?

July 6 marked an historic moment in the history of New York's Court of Appeals.

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