“To recognize same-sex marriages legally solemnized in other
jurisdictions is consistent with New York’s common law, statutory law, and constitutional
separation of powers,” said the ruling by Justice Lucy Billings in Bronx
Supreme Court.
The conservative Alliance Defense Fund,
representing a group of Republican lawmakers, went to court accusing Paterson
of overstepping his authority.
“The governor has no authority to issue
directives which conflict with New York’s public policy. His actions are
an assault on the democratic process,” ADF Senior Legal Counsel Brian Raum
argued in court. “The future of marriage should be decided by the legislature,
not executives who take matters into their own hands.”
NYS attorney’s representing Paterson
argued that the governor was within his constitutional rights to issue
directives to state agencies over which he has legal authority.
Paterson issued his directive in May
after a midlevel appeals court ruled that a gay couple’s marriage in Canada
should be recognized in New York State.
Neither the ruling nor Paterson’s
directive allowed for same-sex couples to marry in New York. Both were limited
to marriages performed only in California and Massachusetts and in countries
which have legalized gay marriage.
In 2006, the New York Court of Appeals,
the state’s highest court, ruled that same-sex couples do not have an automatic
constitutional right to marry in the state. It said that the issue, however,
could be taken up by the Legislature.
Last year, the Democratically-controlled
New York State Assembly passed same-sex marriage legislation but the
GOP-controlled Senate has refused to take up the bill.
Raum did not say if he plans an appeal.