A New York state court ruling in New York City, which overturned the state’s law forbidding gay marriage and legalized it in the five boroughs, may soon be confirmed for the rest of the state if it is appealed to its highest court.

The New York City ruling, which could be taken to New York state’s Court of Appeals in Albany as early as this spring, stated that the Domestic Relations Law’s definition of marriage as one between only a man and a woman infringed upon the state’s Constitution, according to an article in The New York Times.

If the court’s decision is not struck down during the appeals process, the law throughout the entire state would be changed to accommodate gay couples.

‘If the state does approve this, it’s up to couples in other states to challenge to have the same right,’ said Amy Falkner, chair of the advertising department at the S.I. Newhouse School of Public Communications and lead researcher for the 2001 Gay/Lesbian Consumer Online Census. ‘I don’t see this as a quick turnaround; it’s kind of a long process.’

Five gay couples that were refused marriage licenses filed the lawsuit in New York City. The case may now be brought directly to the Court of Appeals, the state’s highest court, without first going through the appeals process in lesser courts. At the Court of Appeals, the court’s seven judges will decide whether the ruling should be overturned or the New York state marriage law altered.

‘If you have people who are in a relationship who are actively disallowed to get the same benefits as other people in the same kind of relationship, it’s not fair,’ Falkner said of the financial troubles gay couples face because they cannot receive the same benefits as married heterosexual couples.

‘This is exactly what the LGBT community has been talking about. They haven’t been talking about special rights, they’ve been talking about equal rights,’ she said.

The New York state appellate court system is divided into three separate sections. The ruling in New York City came from the New York County Supreme Court, one of the state’s lower appellate courts. The ruling is expected to bypass the intermediate appeals courts and go straight to the Court of Appeals.

Though Falkner sees the possibility of gay marriage in New York State as a big step forward for the LGBT community not only at Syracuse University, but also throughout the country, she said more work is needed before equal rights for the LGBT population are achieved.

‘I think it’s pretty clear from the past (presidential) campaign that the country is very divided,’ she said. ‘It’s a great victory initially, but we have a long way to go.’

Adam Adelman, a freshman fine arts major and New York City native, agreed with Falkner’s stance.

‘It would create an ability for us to be considered more of a normal type of people,’ he said. ‘The law is sort of outdated and I think gay marriage should be available everywhere.’

Other students, such as freshman biology major Steve Behrns, while not against the lifestyles chosen by members of the LGBT community, are not so enthusiastic about the possible change.

‘I’m not happy about it, but I don’t particularly feel offended by it,’ Behrns said. ‘I can see why it’s important for some people to have that union, but I don’t personally feel it’s right.’

Though the issue of legalizing gay marriage has become pertinent in many states across the country, Falkner said it is unlikely that many other states would follow, even if the law is changed in New York.

‘I don’t think that because New York says yes that Nebraska would say yes,’ she said. ‘What is encouraging is that there seem to be (gay) couples in every state that are challenging this law.’

Adelman said he would become disappointed in his state’s government if the court ruling were rejected by the Court of Appeals.

‘I’d sort of feel betrayed that the government doesn’t feel the way (I) feel,’ he said. ‘The government is supposed to be representing us as people.’

Behrns said he would not be surprised if the ruling was turned down.

‘I’d prefer not to see gay marriage legalized,’ he said. ‘I wouldn’t mind seeing civil unions, but marriage is between a man and a woman – that’s my belief.’

Though choice of partners may separate gay from straight couples, Adelman said, that may not make them complete strangers.

‘We’re just people; we have one different characteristic,’ he said. ‘It shouldn’t make us out to be aliens in our own country.’

Published on February 9, 2005 at 12:00 pm