N.Y. court to weigh Paterson's marriage order -- Queer Lesbian Gay Election News -- Gay.com

Today the ADF will try again to stop the progress of same-sex marriage in NY. They will take their case to the First Department the only deparment that does not have a marriage recognition case pending. Likely result is that they will lose this one as well. These cases are not about allowing same-sex marriage but recognizing legally performed marriages in other juristictions. All the cases in the other three departments the ADF has failed.

N.Y. court to weigh Paterson's marriage order -- Queer Lesbian Gay Election News -- Gay.com

The right-wing Alliance Defense Fund, on behalf of some New York lawmakers, goes to the New York Supreme Court on Thursday to fight Gov. David Paterson's executive order to recognize out-of-state gay unions.

The group is citing the definition of the word "marriage" according to the online edition of the Merriam-Webster dictionary, claiming that legal recognition of same-sex marriages would "undermine the democratic process and force taxpayers to fund benefits for same-sex couples," the New York Sun reported.

Plaintiffs include New York Assemblymen Daniel Burling, Brian Kolb and Minority Leader James Tedisco and state Sens. Martin Golden and Serphin Maltese.

"The governor should respect New York's marriage laws over the laws of foreign jurisdictions," Brian Raum, senior legal counsel for the Alliance Defense Fund, said in a written statement.

"Gov. Paterson is overstepping his authority and the democratic process by issuing a directive at odds with New York public policy on marriage," Raum said.

In May, days after the California Supreme Court declared a marriage ban unconstitutional, Paterson issued an executive order directing state agencies to recognize marriages or civil unions legally officiated elsewhere. Same-sex marriages are not legal in New York, but have been recognized by common law and some courts as legitimate unions, the Sun reported.

The lawsuit was filed June 3, with a July 15 court date, but the trial was postponed. (The Advocate