New York ruling against same-sex marriage
said no bar to California approval

San Francisco Mayor Gavin Newsom expresses confidence
New York decision will not affect California Appellate Court
hearing Monday.
Photo(s) by Luke Thomas

By Pat Murphy

Copyright fogcityjournal.com 2006

July 7, 2006

Yesterday's decision by the New York Court of Appeals affirming ban on same-sex marriage should not affect a similar California Appellate Court hearing Monday, Mayor Gavin Newsom offered cautious hope yesterday.

In a 4-2 decision, the New York court ruled same-sex marriage was not a question for state courts but the state legislature.

"We hold that the New York Constitution does not compel recognition of marriages between members of the same sex. Whether such marriages should be recognized is a question to be addressed by the Legislature,'' Judge Robert Smith wrote for the majority.

In San Francisco, a California Court of Appeals will hearing oral arguments July 10 on whether the California constitution gives same-sex couples the right to marry.

"California is a very different state with a very different constitution," Newsom told the Sentinel.

"The fact is we won a lower court decision with a Republican appointee judge, a practicing Catholic coincidentally, that said there is nothing in the California constitution that allows people to discriminate based on sexual orientation... that includes the institution of marriage.

"We have confidence going into the California Appellate Court.

"Whatever happens is going to end up in the California Supreme Court."

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