In an unanimous decision, the New York Supreme Court voted to uphold the Marriage Equality Act. This pretty much puts a major crimp in the attempts by New Yorkers for Constitutional Freedoms, a radical Christian fundamentalist group, to overturn the law. The ruling came down from the Appellate Division of the Supreme Court in Rochester.
New York has an unusual system of legal organization with the Supreme Court being made up of three levels. The Appellate Division of the Supreme Court is the middle tier. The only court higher is the New York Court of Appeals.
NYCF made their challenge based not on some argument that same-sex marriage was detrimental to their individual freedoms, but they claimed that Governor Andrew Cuomo, NYC Mayor Michael Bloomberg and a variety of state senators had violated state law in holding a private meeting instead of a public one.
Cuomo stated that “Today the New York State Appellate Court, Fourth Department upheld New York’s Marriage Equality Act, which ensures that marriage is available to all New York couples regardless of sexual orientation. This law was passed by both houses of the legislature and signed into law in June 2011. The court’s decision affirms that in our state, there is marriage equality for all, and with this decision New York continues to stand as a progressive leader for the nation.”

Phoenixtrouble
July 9, 2012 at 9:49 pm
There is a problem with the “states rights” point. There are a lot of federal laws that do not recognize same sex marriage for the purposes of benefits or other entitlements. Before you say anything, I’m not looking for any handouts. My main point of contention is that the man I am in love with and have been living together in a committed relationship is not a U.S. citizen. He is in the U.S. legally on a work visa (HB-1) but his visa and contract are due to expire in 5 months. If the laws are not recognized at the federal level, he will be forced to return to his home country. Heterosexual couples can marry a non-citizen and then the non-citizen can apply to become a naturalized citizen of the U.S. U.S. immigration policy states that this rule specifically does NOT apply to same-sex marriages, even those marriages that take place in states where they are legal. While I agree it is, and should be a states-rights issue, federal rules and laws MUST be equal across the board.