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Eyes On
Supreme Courts
In Three
States In Gay Marriage Fight
by Paul
Johnson, 365Gay.com January 3, 2006
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Washington -- A decision could
come at any time in a case seeking marriage rights for gay and lesbian couples
in the state of Washington, the Supreme Court of New Jersey will hear a similar
bid for gay marriage in the Garden State in this session and New York's highest
court is likely to get a third case later this year.
In Washington state, same-sex couples are anxiously awaiting a ruling on a case
argued last March that challenged the ban on gay nuptials there.
The case involves eight same-sex couples who were denied marriage licenses in
King County
In August, King County Superior Court Judge William Downing said that the
Washington State Constitution guarantees basic rights to lesbian and gay people
-- and that those rights are violated by a state law prohibiting same-sex
couples from marrying.
Downing's ruling went on to say that the couples must be given marriage
licenses.
One month later, a court in Thurston County ruled similarly.
Both decisions were appealed to the Washington State Supreme Court and a ruling
could come any day.
Seven same-sex couples in New Jersey are suing to marry. Represented by
Lambda Legal, they argue that the New Jersey Constitution guarantees them the
right to wed.
In June, a New Jersey appeals court ruled that the state constitution does not
require the recognition of same-sex marriage. The court, in a split
decision, said that it is up to the legislature to change marriage laws if
same-sex couples are to wed in the Garden State.
New York's highest court is also expected to hear arguments this year in several
cases involving same-sex marriage. It is expected the Court of Appeals
will hear all the cases at the same time.
Last month a mid level appeals court overturned a lower court ruling that found
the state ban on same-sex marriage was unconstitutional.
The state Supreme Court's Appellate Division ruled 4-1 that New York City judge
Doris Ling-Cohan erred in her ruling last February.
Lambda Legal, representing five gay and lesbian couples from Manhattan
immediately appealed.
In October an appeals court in Albany heard arguments in another of the cases.
This one involved 12 same-sex couples and stemmed from a lower court ruling that
said only the legislature could decide whether gay and lesbian couples can wed.
Among the litigants is New York State Assemblyman Danny O'Donnell and his
partner John Banta. O'Donnell is the brother of Rosie O'Donnell. The
appeals court has not ruling in the case
The third suit involves many of the same-sex couples who tried to marry in New
Paltz.
A marriage equality case is also working its way through the California court
system but is not expected to reach that state's high court until 2007.
The most recent battle for same-sex marriage is in Iowa where six same-sex
couples filed suit in the waning days of 2005 seeking to have the state's
Defense of Marriage Act struck down.
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