Tuesday, September 2, 2008

NY gov's gay marriage order is legal


A New York judge ruled Tuesday that Governor David Paterson (D) did not act illegally when he issued a directive ordering state agencies to recognize out-of-state same-sex marriages.

“To recognize same-sex marriages legally solemnized in other jurisdictions is consistent with New York’s common law, statutory law, and constitutional separation of powers,” said the ruling by Justice Lucy Billings in Bronx Supreme Court.

The conservative Alliance Defense Fund, representing a group of Republican lawmakers, went to court accusing Paterson of overstepping his authority.

“The governor has no authority to issue directives which conflict with New York’s public policy. His actions are an assault on the democratic process,” ADF Senior Legal Counsel Brian Raum argued in court. “The future of marriage should be decided by the legislature, not executives who take matters into their own hands.”

NYS attorney’s representing Paterson argued that the governor was within his constitutional rights to issue directives to state agencies over which he has legal authority.

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