Court of Appeals Decision a setback to advocates of same-sex ‘marriage’ 

by Martin Barillas Wednesday, November 25, 2009
For Immediate Release:

November 23, 2009



Court of Appeals Decision a setback to advocates of same-sex ‘marriage’



Despite some reports to the contrary, last week’s NYS Court of Appeals decision in Godfry v. Spano and Lewis v. NYS Department of Civil Service, regarding the state’s recognition of same-sex “marriages” in other states is actually a setback to homosexual “marriage” activists, even though the court held for the plaintiffs.

Richard E. Barnes, Esq., executive director of the NYS Catholic Conference, explains:

“The Court’s ruling in this case was so narrow that by any measure, it must be considered a victory for New Yorkers who oppose the redefinition of the timeless institution of marriage. The Court merely held that the state Department of Civil Service and since-defeated Westchester County Executive Andrew Spano were within their legal authority to extend marital benefits to ‘spouses’ of civil employees. However, the state specifically declined to expand the ruling to alter the state’s marriage recognition law, which means the ruling has no impact on private employers and no applicability at all other than the provision of employee benefits to the state’s public workforce.

“The Court, as it did in the 2006 case Hernandez v. Robles, left it to the state legislature to define marriage in New York State. In its decision yesterday, the Court expressed hope that ‘the Legislature will address this controversy.’ This is a curious statement in that, as this very Court made clear in the 2006 case, state law prohibits same-sex ‘marriage.’ Therefore, the legislature is addressing it by its inaction to change it. If it is the will of the legislature not to redefine marriage, there is no action necessary; it is already the law of the state.”

The Catholic Conference represents New York State’s Bishops in matters of public policy.





Dennis Poust

Director of Communications

New York State Catholic Conference

465 State St., Albany, NY 12203

(518) 434-6195

www.nyscatholic.org
0    submitted by Martin Barillas
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