NY Court of Appeals rules in favor of Democracy

By Mike DiBartolo

In a 4-2 ruling handed down today, the New York Court of Appeals ruled that a marriage between a man and a woman did not violate the constitutional rights of same sex couples in that state.

Judge Robert Smith writing for the majority said New York's marriage law is constitutional and clearly limits marriage to between a man and a woman and that any change in the law should come from the state Legislature.

Judge Smith wrote,

"We do not predict what people will think generations from now, but we believe the present generation should have a chance to decide the issue through its elected representatives,"

This is a blow to the ACLU's campaign to change America's laws through court action rather than through the Democratic process. Four cases were filed in New York two years ago after Massachusetts' State Supreme Court ruled that Massachusetts' Constitution must be amended to include gay marriage. The Court gave the state Legislature 6 months to make the amendment to their Constitution. This Massachusetts ruling bypassed the Legislative process and gave the state court the power to legislate from the bench.

Knowing that New York would not pass a law to legalize gay marriage, the ACLU and other advocate groups tried to force the State of New York to recognize gay marriage through court action. They were hoping for the same results as Massachusetts...they were hoping that the courts would change the Constitution rather than the Legislature doing so on the people's behalf.

In his conclusion, Judge Smith writes,

"We do not imply that there are no persuasive arguments on the other side -- and we know, of course, that there are very powerful emotions on both sides of the question...

We therefore express our hope that the participants in the controversy over same-sex marriage will address their arguments to the Legislature; that the Legislature will listen and decide as wisely as it can; and that those unhappy with the result -- as many undoubtedly will be -- will respect it as people in a democratic state should respect choices democratically made."

This ruling and the deferment to the Legislative process is a shot across the bow of the ACLU. You cannot force through litigation what you fail to accomplish in legislation. It is my desire that other states facing similar challenges would look to this ruling for clarity of our democratic process. The Courts interpret the law...they do not make law. My hats off to the NY Court of Appeals.