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Ny Judge Tosses Anti-Gay Marriage Suit
An American judge has thrown out the first direct legal challenge to the New York governor's move to recognise same-sex marriages performed in other states, calling the policy a legally allowable stand for fairness.
A decision by gay couples to wed represents "a personal expression of emotional devotion, support and interdependence and a public commitment," state Supreme Court Judge Lucy Billings wrote in a decision issued Tuesday.
"With that validity, they expect equal treatment with other married couples."
Thousands of gay New Yorkers over the next few years are expected to make use of Massachusetts' recent decision to let out-of-state gay couples marry there.
The Christian legal organisation that brought the New York case said it would appeal, while gay-rights and civil-liberties groups hailed the ruling as strengthening legal support for same-sex couples.
In a statement, Gov. David Paterson called it "a wise and fair determination."
Same-sex couples cannot marry in New York, and the state's highest court has said only the Legislature has the authority to change that. But Paterson's counsel told state agencies in May that a recent state appellate court ruling required them to recognise gay marriages legally performed elsewhere or risk discrimination claims.
