Opponents Attempt to Block Recognition of Gay Marriage

WNYC News | Jul 12, 2010

Opponents of gay marriage told a state appellate court today that state and county elected official have no authority to recognize same-sex unions from other states and foreign countries.

WNYC's Fred Mogul has more.

REPORTER: Gov. David Paterson announced the order this month, and a legal challenge to it will be heard in July. Today's appellate case involved a similar order made at the county level in 2006 by Westchester's Andrew Spano.

Brian Raum of the Alliance Defense Fund, told appellate judges that Spano's and Paterson's orders amount to a law-change that can only be made by the legislature, not by a state or county executive.

RAUM: Our position is this as an issue is so fundamental, that only the legislature has the authority to regulate it.

REPORTER: Gay marriage supporters say New York already recognizes marriages from other states and countries that aren't legal locally. They cite a 1953 New York high court ruling determining that the marriage of an uncle and niece in Rhode Island had full standing here.

For WNYC, I'm Fred Mogul.

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