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Suits Filed In California & New York Seek Gay Marriage by Mark Worrall, 3065Gay.com March 12, 2004 San Francisco, CA -- Lawsuits were filed Friday in both New York State and California on behalf of same-sex couples wishing to marry. In both cases the suits challenge the constitutionality of state laws barring gay weddings. In the New York suit, the plaintiffs are the mayor of Nyack, his partner and 9 other couples, who were denied marriage license applications in the first week of March by the town of Orangetown, which includes Nyack. Mayor John Shields and his partner were to have been married in New Paltz by fellow mayor Jason West. After the license refusal, and when West was charged with violating state law by performing earlier gay marriages (story) Shields decided to go to court. At a news conference outside the Rockland County Courthouse, where attorney Norman Siegel filed the suit, Siegel described his clients as the ``Nyack 10''. "We in New York state invoke the long-honored principles of equal justice under the law and due process under the law in our search, our journey for greater freedom and greater equality,'' Siegel said. The suit names the State of New York and the clerk of Orangetown as defendants. It is the second challenge to the law in New York. The Lambda Legal Defense and Education Fund, filed suit last Friday in Manhattan seeking the right for same-sex couples to become legally wed. (story) Meanwhile in San Francisco, five couples who had their weddings cancelled Thursday when the California Supreme Court curtailed same-sex marriage in that city (story) have launched suit against the state. The suit, filed on behalf of the couples by Lambda Legal, the ACLU, and the National Center for Lesbian Rights argues that denying gay couples the right to marry is a violation of the California Constitution. "As long as gay couples cannot marry, they are not treated equally under the law," said Jennifer C. Pizer, Senior Staff Attorney in Lambda Legal's Western Regional Office in Los Angeles. "We're seeking marriage beyond San Francisco City Hall, so gay couples all across the state can be treated equally under the law," Pizer said. The lawsuit argues that denying marriage to same-sex couples violates the guarantees of equality, liberty and privacy for all under the state Constitution. The case seeks a court order that state officials comply with the California Constitution's equality and liberty guarantees in their application and enforcement of the state's marriage laws, which could come within 30 days. And at San Francisco city hall, Mayor Gavin Newsom said his views on same-sex marriage have not changed despite the court ruling that the city cannot issue more marriage licenses. Newsom said the city is looking forward to arguing its case before the state Supreme Court. California law preventing same-sex marriage, he said, is "denying equal protection under the law." |
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