Baptist News Global
Sections
  • News
  • Analysis
  • Opinion
  • Curated
  • Podcasts
    • Stuck in the Middle With You ↗
    • Madang with Grace Ji-Sun Kim ↗
    • Highest Power: Church + State ↗
    • Non-Disclosure: The Silenced Stories of Kanakuk Kamps Survivors ↗
    • Change-making Conversations ↗
  • Storytelling
    • Faith & Justice >
      • Charleston: Metanoia with Bill Stanfield
      • Charlotte: QC Family Tree with Greg and Helms Jarrell
      • Little Rock: Judge Wendell Griffen
      • North Carolina: Conetoe
    • Welcoming the Stranger >
      • Lost Boys of Sudan: St. John’s Baptist Charlotte
      • Awakening to Immigrant Justice: Myers Park Baptist Church
      • Hospitality on the corner: Gaston Christian Center
    • Signature Ministries >
      • Jake Hall: Gospel Gothic, Music and Radio
    • Singing Our Faith >
      • Hymns for a Lifetime: Ken Wilson and Knollwood Baptist Church
      • Norfolk Street Choir
    • Resilient Rural America >
      • Alabama: Perry County
      • Texas: Hidalgo County
      • Arkansas Delta
      • Southeast Kentucky
  • More
    • Contact
    • About
    • Donate
    • Associated Baptist Press Foundation
    • Planned Giving
    • Advertising
    • Ministry Jobs
    • Subscribe
    • Submissions and Permissions
Donate Subscribe
Search Search this site

New York judge says state constitution requires marriage rights for gays

NewsReligious Herald  |  February 6, 2005

By Robert Marus

A New York judge has ordered government officials to issue marriage licenses to same-sex couples on an equal basis with heterosexual couples.

On Feb. 4, New York Supreme Court Justice Doris Ling-Cohan said a law the state attorney general has interpreted as prohibiting same-sex marriage violates the state's constitution.

“Similar to opposite-sex couples, same-sex couples are entitled to the same fundamental right to follow their hearts and publicly commit to a lifetime partnership with the person of their choosing,” Ling-Cohan wrote in her 62-page opinion. “The recognition that this fundamental right applies equally to same-sex couples cannot legitimately be said to harm anyone.”

The judge ordered the city clerk in New York to stop his office's practice of denying marriage licenses to gay couples. She also said gender-specific language in the state's Domestic Relations Law that officials had interpreted to ban gay couples from marrying each other should be read as gender-neutral.

However, Ling-Cohan delayed implementation of her ruling for 30 days in case city officials choose to appeal it. Unlike in many states, the New York Supreme Court is a low-level trial court. There are two levels of appellate courts above it.

The city's legal office issued a statement after the ruling saying simply that it was “reviewing the decision thoroughly.”

Attorneys for Lambda Legal, a gay-rights group, filed suit last year on behalf of five same-sex couples who were denied marriage licenses by New York City officials. They contended the equal-protection and privacy provisions of New York's Constitution require that marriage rights and responsibilities apply equally to homosexual and heterosexual people.

In her ruling, Ling-Cohan noted that one of the plaintiffs, Curtis Woolbright, is the son of an interracial heterosexual couple who moved to California in 1966 in order to marry legally. Many states had laws banning interracial marriage until a United States Supreme Court ruling in 1967 declared them unconstitutional.

“The challenges to laws banning whites and non-whites from marriage demonstrate that the fundamental right to marry the person of one's choice may not be denied based on longstanding and deeply held traditional beliefs about appropriate marital partners,” Ling-Cohan wrote.

Quoting an 1871 Indiana ruling upholding such a law, she added, “Although anti-miscegenation laws were first enacted in colonial days, such laws were still common into the 1960's and upheld in case after case based on tradition rooted in perceived ‘natural' law. For example, the Indiana Supreme Court relied on the ‘undeniable fact' that the ‘distribution of men by race and color is as visible in the providential arrangement of the earth as that of heat and cold.'”

Ling-Cohan was elected to her position in 2002, after having earned nominations from both Democrats and Republicans. Her district covers an area of lower Manhattan.

New York is the third state in the past 16 months where a court has ruled for same-sex marriage. In November 2003, Massachusetts' highest court legalized gay marriage. The ruling took effect last May.

And last year, two judges in Washington state issued similar rulings. Both cases are now before Washington state's highest court, which will hear the case in March.

New York is one of eight states currently in state court defending its marriage laws. In addition, lawsuits against the Defense of Marriage Act are pending in federal courts in two states. DOMA gives states the option of not recognizing another state's same-sex marriages. If struck down, then all 50 states presumably would be forced to recognize gay marriage.

Associated Baptist Press

Robert Marus is chief of ABP's Washington bureau.

Share this:

  • Share on X (Opens in new window) X
  • Share on Threads (Opens in new window) Threads
  • Share on Facebook (Opens in new window) Facebook
  • Print (Opens in new window) Print
  • Email a link to a friend (Opens in new window) Email
  • Share on Bluesky (Opens in new window) Bluesky
  • More
  • Share on LinkedIn (Opens in new window) LinkedIn
  • Share on Reddit (Opens in new window) Reddit
  • Share on Tumblr (Opens in new window) Tumblr
  • Share on Pinterest (Opens in new window) Pinterest
  • Share on Telegram (Opens in new window) Telegram
  • Share on WhatsApp (Opens in new window) WhatsApp
Tags:2005 Archives
More by
Religious Herald
  • Get BNG headlines in your inbox

  • Check out our podcasts

     

     

    Stuck in the Middle
    With You

     

    Madang
    With Grace Ji-Sun Kim

     

     

    Highest Power
    Church+State

     

     

    Non-Disclosure:
    The Silenced Stories
    of Kanakuk Kamps Survivors

     

    Change-making
    Conversations

     

     

  • Politics • Faith • Resistance: by Greg Garrett

    BNG interview series on the state of faith, politics and resistance in our nation.

    See also Greg’s series on Politics, Faith and Mission

     

  • Featured

    • Islamophobia is the next bogeyman

      Opinion

    • The Black Church cannot remain America’s emergency moral infrastructure

      Opinion

    • We are manna

      Opinion

    • Webinar explores religious context of America’s Founders

      News


    Curated

    • Staunch Israel critic and Gaza trauma surgeon Adam Hamawy wins NJ-12 primary

      Staunch Israel critic and Gaza trauma surgeon Adam Hamawy wins NJ-12 primary

    • Elderly Christian Among 31 Sentenced In China Church Crackdown

      Elderly Christian Among 31 Sentenced In China Church Crackdown

    • In U.F.O. Files, Some Christians See Vexing Questions — and Demons

      In U.F.O. Files, Some Christians See Vexing Questions — and Demons

    • Christian theologians react to the pope’s ai warning

      Christian theologians react to the pope’s ai warning

    Conversations that Matter.

    © 2026 Baptist News Global. All rights reserved.

    Want to share a story? We hope you will! Read our republishing, terms of use and privacy policies here.

    • Facebook
    • Twitter
    • Instagram
    • LinkedIn
    • RSS
    • 129