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