NEW YORK - A judge has thrown out the first direct legal challenge to the New York governor's move to recognize same-sex "marriages" performed in other states, calling the policy a legally allowable stand for fairness.
A decision by gay couples to wed represents "a personal expression of emotional devotion, support and interdependence and a public commitment," state Supreme Court Judge Lucy Billings wrote in a decision issued Tuesday. "With that validity, they expect equal treatment with other married couples."
Thousands of gay New Yorkers over the next few years are expected to make use of Massachusetts' recent decision to let out-of-state gay couples marry there. The Christian legal organization that brought the New York case said it would appeal, while gay-rights and civil-liberties groups hailed the ruling as strengthening legal support for same-sex couples.
In a statement, Gov. David Paterson called it "a wise and fair determination."
Same-sex couples cannot marry in New York, and the state's highest court has said only the Legislature has the authority to change that. But Paterson's counsel told state agencies in May that a recent state appellate court ruling required them to recognize gay "marriages" legally performed elsewhere or risk discrimination claims.
The directive prompted a lawsuit from the Alliance Defense Fund, an Arizona-based group that has repeatedly challenged attempts to extend spousal rights to gay couples in New York. Several Republican state senators had signed onto the latest suit.
The alliance is involved in cases around the country that concern gay "marriage," abortion, school prayer and other social issues. It already had several ongoing cases over attempts to extend spousal rights to gay couples in New York.
Attorneys for the alliance have said it opposes gay "marriage" in general, but the group's case against Paterson focused on what it saw as overstepping his constitutional authority.
The alliance argued that recognizing out-of-state gay "marriages" was up to the Legislature, not the governor, and that legislators hadn't moved toward such recognition.
The Democratic governor's lawyers noted that lawmakers hadn't expressly barred it, either, despite several proposals.
The judge agreed, calling the policy a "permissible, if not mandated, step toward the objective of equality for a group for whom legal as well as practical barriers to equality persist." She also said refusing to respect a same-sex "marriage" conducted elsewhere is "antithetical to family stability."
Alliance Defense Fund lawyer Jim Campbell said the judge's decision made New York subject to other states' choices on same-sex "marriage." He challenged her holding that New York's Legislature had "conspicuously" declined to act on honoring out-of-state gay weddings.
"If you define marriage for yourself and something from somewhere else conflicts with your definition of marriage, it's redundant and unnecessary to declare that you're not going to recognize that out-of-state (policy)," he said.
Lambda Legal, a gay rights group that entered the case on behalf of two female state employees who married in Canada, said the judge's decision amplified "a steady drumbeat of courts recognizing long-standing New York law as it applies to same-sex couples."
The governor's office said Tuesday that it is unaware of any other pending legal challenges. The policy has already been implemented.
Massachusetts and California are the only states that allow gay "marriages." Out-of-state gay couples were unable to marry in Massachusetts until the July 31 repeal of a nearly century-old ban on any marriage that would be illegal in a couple's home state.
Some other states let same-sex couples enter into civil unions offering some of marriage's legal advantages.
In New York, marriage is accompanied by more than 1,300 rights and duties, according to a tally by the gay-rights group Empire State Pride Agenda. The rights are as broad as protections against having to testify against a spouse and as specific as public housing priority for veterans' widows.
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"Brethren, I count not myself to have apprehended: but this one thing I do, forgetting those things which are behind, and reaching forth unto those things which are before, I press toward the mark for the prize of the high calling of God in Christ Jesus. Let us therefore, as many as be perfect, be thus minded: and if in any thing ye be otherwise minded, God shall reveal even this unto you. Nevertheless, whereto we have already attained, let us walk by the same rule, let us mind the same thing. Brethren, be followers together of me, and mark them which walk so as ye have us for an ensample. (For many walk, of whom I have told you often, and now tell you even weeping, that they are enemies of the cross of Christ: whose end is destruction, whose God is their belly, and whose glory is in theri shame, who mind earthly things." Philippians 3:13-18
"You can bury your talent if you want but I want to hear "well done" when Jesus comes back."
Again, you are misinterpretting scripture and using it for your agenda. Let's look at the scripture you are referring to: (Matthew 25:14-18, 24-29)
"For the kingdom of heaven is like a man traveling to a far country, who called his own servants and delivered his goods to them. And to one he gave five talents, to another two, and to another one, to each according to his own ability; and immediately he went on a journey. Then he who had received the five talents went and traded with them, and made another five talents. And likewise he who had received two gained two more also. But he who had received one went and dug in the ground, and hid his lord's money... Then he who had received the one talent came and said, 'Lord, I knew you to be a hard man, reaping where you have not sown, and gathering where you have not scattered seed. And I was afraid, and went and hid your talent in the ground. Look, there you have what is yours. "But his lord answered and said to him, 'You wicked and lazy servant, you knew that I reap where I have not sown, and gather where I have not scattered seed. So you ought to have deposited my money with the bankers, and at my coming I would have received back my own with interest. Therefore take the talent from him, and give it to him who has ten talents. For to everyone who has, more will be given, and he will have abundance; but from him who does not have, even what he has will be taken away."
The "talent" wasn't voting rights or democracy. The "money" represents the gifts the Lord gives to us out of his "treasury". It was given to "his servants". (isn't voting available to all? is that from God then?) The sharing of this gifts to produce more from God is what we ought to be doing and not trying to voice our opinion through policies. God never intended for us to be lead by men in the first place(read 1 Samuel 8:1-9). And even now, we should be lead by the Holy Spirit, not by man (Romans 8:14 and 1 John 2:27). Now if God puts it on your heart to vote, fine. The Lord hasn't done that for me. But whomever goes into office, God has placed there for his divine purpose. I won't fight nor object nor try to force my will. I don't want to continue to do what they world does, I want to be sanctified and set apart... That's my only hope.
I'm pressing forward toward which im called heaven-ward.
"So, all the Scripture where Jesus was correcting the politicians (religious leaders because they were the same in that society) were just wrong?? Incorrect? Not translated correctly?"
If the politicans were the religious leaders, why do we focus our attention on the politicans/social leaders of today? They have nothing to do with our religion. Why not address the religious leaders within the body of Christ: priests, deacons, bishops, pastors, evangelists, "prophets"?
"Who says I love being accountable for my vote? Politics makes me want to puke. Still, I have a responsibility in a democracy."
Where in the bible does it say we have a "responsibility" to the government we live in? We are subjected to their authority, and are told to pray for our leaders.
"I exhort therefore, that, first of all, supplications, prayers, intercessions, and giving of thanks be made for all men: For kings, and for all that are in authority; that we may lead a quiet and peaceable life in all godliness and honesty. For this is good and accceptable in the sight of God our Saviour; Who will have all men to be saved, and to come unto the knowledge of the truth." 1 Timothy 2:1-4
That's our responsibility to this democracy! Whomever God puts in office is because He wanted them there.
"Let every soul be subject unto the higher powers. For there is no power but of God: the power that be are ordained of God. Whosoever therefore resisteth the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation." Romans 13:1-2
There is NOWHERE in this country's constitution that I, or any person, has to do vote. Therefore, not voting is not sin (as you implying I was doing earlier: "To him that knows to do good and doesn't do it, to him is it SIN."). So, my duty is to pray for, not pick the next president or vote on various laws that govern this world. My laws have already been set; the Word of God governs me throughout my day. This world's "law" is just an anti-Christ version of God's, seeking to camaflogue the commandments of God as theire own and eliminate the need to follow God and not man.
"ACTUALLY... Christ came for HIS PEOPLE!! "
So, all the Scripture where Jesus was correcting the politicians (religious leaders because they were the same in that society) were just wrong?? Incorrect? Not translated correctly?
Who says I love being accountable for my vote? Politics makes me want to puke. Still, I have a responsibility in a democracy.
You can bury your talent if you want but I want to hear "well done" when Jesus comes back.
Christ didn't hang out with the "scum", he spent time with the oppressed, the lowly, the rejected... all whom he proclaimed to have been sent to: "The Spirit of the Lord is upon me, because he hath anointed me to preach the gospel to the poor; he hath sent me to heal the brokenhearted, to preach deliverance to the captives, and recovering of sight to the blind, to set at liberty them that are bruised." Luke 4:18... ACTUALLY... Christ came for HIS PEOPLE!! "For I have given unto them the words which thou gavest me; and they ahve received them, and have known surely that I came out from thee, and they have believed that thou didst send me. I pray for them: I pray not for the world, but for them which thou hast given me; for they are thine. And all mine are thine, and thine are mine; and I am glorified in them." John 17:8-9. Christ came for his own and to redeem His people. We are not scum... we are His children...
I put my faith in Christ because that's where power is and I need all the help I can get to overcome my flesh... and this world.
"Jesus was not a social passivist. In fact, He chewed out the social leaders for stealing from widows and how they treated orphans. He hung out with the scum and ministered to them. Maybe our country would be better off if the Christians were Christ-like...."
"And as he spake, a certain Pharisee besought him to dine with him: and he went in, and sat down to meat. And when the Pharisee saw it,he marvelled that he had not first washed before dinner. And the Lord said unto him, Now do ye Pharisees make clean the outside of the cup and the platter; but your inward part is full of ravening and wickedness. Ye fools, did not he that made that which is without make that which is within also? Bt rather give alms of such things as ye have; and, behold, all things are clean unto you. But woe unto you, Pharisees! for ye tithe mint and rue and all manner of herbs, and pass over judgment and the love of God: these ought ye to have done, and not to leave the other undone. Woe unto you, Pharisees! for ye love the uppermost seats in the synagogue, and greetings in the markets. Woe unto you, scribes and Pharisees, hypocrites! for ye are as graves which appear not, and the men that walk over them are not aware of them." Luke 11:37-44
Christ didn't come to deal with the "social leaders" of this world. He came to deal with the religious ones. (Because the faith of a man controls his actions and their rules governed society). Christ came to deal with the hypocrisy of that day. The Pharisees were more concerned with the social things that they had forgotten the more important matters... sounds familiar? Christ rebuked the Pharisees for making it hard for people to enter into the kingdom of God. Christ spent his time sharing the kingdom of God will all that would listen BUT spent time explaining to his disciples "because it is given unto you to know the mysteries of the kingdom of heaven, but to them it is not given." (Mathhew 13:11).
"One of Satans biggest lies is that we are to not care about our world outside of the religious aspect. This gives him complete control."
"Love not the world, neither the things that are IN the world. If any man love the world, the love of the Father is not in him" 1 John 2:15
Actually, the biggest lie of Satan is the same reason he fell: sin of pride; he tried to exalt himself the throne of God and he attempts to get us to do the same when we neglect the Lordship of God to lead our everyday lives. God is and will always be in control of His chosen people because they yeild to Him. The world is under the control of the god of this world. God is sovereign and nothing is done without Him knowing and allowing. The world will always out of control as long as the hearts of men IN it are corrupt and in conflict with God.
"The problem is the Bible says to be IN the world but not of it. I am in the world. I am in my government. I am in my local schools. I am in my local community. I am NOT of the worlds mindset."
"And be not conformed to this world, but be ye transformed by the renewing of your mind, that ye may prove what is the good, and acceptable, and perfect, will of God." Romans 12:2
I agree with you... we are in the world but we shouldnt be seeking to find our place within it's means of living. Your means of seeking change is IN the ways of the world: legislature, government, elections... God alone wants to represent you (Christian means follower of Christ) and the Holy Spirit guides us, not the policy of an elected official. Transformation comes from a renewed mind and heart and only God can give that. When they receive it, then their actions will turn from evil to godly.
One of Satans biggest lies is that we are to not care about our world outside of the religious aspect. This gives him complete control.
The problem is the Bible says to be IN the world but not of it. I am in the world. I am in my government. I am in my local schools. I am in my local community. I am NOT of the worlds mindset.
Jesus was not a social passivist. In fact, He chewed out the social leaders for stealing from widows and how they treated orphans. He hung out with the scum and ministered to them. Maybe our country would be better off if the Christians were Christ-like....
God's Word declares that He honors the nation whose leaders honor Him. It sure sounds like God expects His people to do all they can to ensure we put men and women who honor Him in leadership roles in our nation.
"Where in the bible does it say we've been given "democracy" to steward?"
Render onto Ceaser that which is Ceasers. Our 'Ceaser' is democracy which by it's nature requires the participation of it's people. We are given the right to vote. We are given representation. That means they represent you. If they are not doing what you think is right for them to do and do nothing then you are part of the problem. "To him that knows to do good and doesn't do it, to him is it SIN."
If someone is representing me then he'd best be accurate about it. Democracy is a mirror of it's people. If you don't like what you see in the mirror...you have to change what's in front of it AND you have to keep looking in the mirror and keep it clean!
Where in the bible does it say we've been given "democracy" to steward? I thought we received the gospel and the testimony of Jesus Christ? To focus primarily on the conditions of this world as a means of experiencing "heaven on earth" is deceiving and unproductive. This world is controlled by the god of this world. We don't have to worry about or concern ourselves w/ this social issues because CHRIST OVERCAME THIS WORLD!! That's all that matters. We'll overcome it too. We should be trying to labor in the word, using the word of God as the tool by which things in earth change: because once a person's heart is changed, then so will their actions. Yes, we should await the master's return because there is where our salvation is complete. I'm not expecting perfection in this decaying world (but I am striving for perfection in this earthen vessel); looking forward to His giving us a NEW HEAVEN AND EARTH!! All unrighteousness will be judged and done away with. We should be preaching repentance, grace, and discipleship so that we, the people, can live now and later. The gospel is what changes a person, saves them, and prepares them for all good works. Why wait on legislature? We have God. For the weapons of our warfare are NOT carnal(worldly) but mighty THROUGH God to the pulling down of strongholds... 2 Corinthians 10:4. For we wrestle not against flesh and blood, but against principalities, against powers, against the fules of the darkness of this world, against spiritual wickedness in high places...Ephesians 6:12. For I am not ashamed of the gospel of Christ: for it is the power of God unto salvation to every one that believeth; to the Jew first, and also to the Greek... Romans 1:16. Behold, the days come, saith the Lord God, that I will send a famine in the land, not a famine of bread, nor a thirst for water, but of hearing the words of the Lord... Amos 8:11. Wherefore come out from among them, and be ye separate, saith the Lord, and touch not the uncleans thing; and I will receive you... 2 Corinthians 6:18. Set your affection on things above, not on things on the earth. For ye are dead, your life is hid with Christ in God. When Christ, who is our life, shall appear, then shall ye appear with him in glory... Colossians 3:2-4. Christ, and him crucified... that's all we NEED to know.
"We need not focus on social issues more then on preaching the gospel."
To whom much is given, much is required. We have been given stewardship of our democracy. Should we then go and bury it and wait for the masters return? No! We should invest what we have been given into our society and work for a return on that investment so our Lord will be pleased with us.
All that to say this: Christians, we are not of this kingdom. Those that don't have the Spirit of God active in their lives could never understand why we subject ourselves to the Bible. We need not focus on social issues more then on preaching the gospel. There is no way to show somoeone sin without the Law of Moses. But the Spirit of God has gotta be working to bring them to repentance. Spread the gospel and stand on the Word. Allow it to be your banner and let the Lord go before you in speech and action. The battle is not your's... it's the Lord's. AND IT IS NOT OF THIS WORLD!! The world is waxing worse and worse... the end will come. And when it does... we all will bow. They aren't gonna have a choice. Preach the word... IN AND OUT OF SEASON!!
Then Pilate entered the Praetorium again, called Jesus, and said to Him, "Are You the King of the Jews?" Jesus answered him, "Are you speaking for yourself about this, or did others tell you this concerning Me?" Pilate answered, "Am I a Jew? Your own nation and the chief priests have delivered You to me. What have You done?" Jesus answered, "My kingdom is not of this world. If My kingdom were of this world, My servants would fight, so that I should not be delivered to the Jews; but now My kingdom is not from here." Pilate therefore said to Him, "Are You a king then?" Jesus answered, "You say rightly that I am a king. For this cause I was born, and for this cause I have come into the world, that I should bear witness to the truth. Everyone who is of the truth hears My voice."
John 18:33-37
Now we have received, not the spirit of the world, but the Spirit who is from God, that we might know the things that have been freely given to us by God. These things we also speak, not in words which man's wisdom teaches but which the Holy[fn4] Spirit teaches, comparing spiritual things with spiritual. But the natural man does not receive the things of the Spirit of God, for they are foolishness to him; nor can he know them, because they are spiritually discerned. But he who is spiritual judges all things, yet he himself is rightly judged by no one. For "who has known the mind of the LORD that he may instruct Him?" But we have the mind of Christ
1 Corinthians 2:12-16
"16 All Scripture is given by inspiration of God, and is profitable for doctrine, for reproof, for correction, for instruction in righteousness, 17 that the man of God may be complete, thoroughly equipped for every good work."
2 Timothy 3:16
"And the servant of the Lord must not strive (argue; but be gentle unto all men, apt to teach, patient, in meekness instructing those that oppose themselves; if God peradventure will give them repentance to the acknowledging of the truth; and that they may recover themselves out of the snare of the devil, who are taken captive by him at his will."
2 Timothy 2:24-26
This is why we need a constitutional amendment!
Oh no Igh, I know all too well about how to keep my daughter away from that lifestyle. Let's give a little personal background here:
When I was in college I made several mistakes. One of those included unmarried sex which resulted in an unwanted pregnancy. Well, to try and make things right, even with a struggling relationship at the time, I married her so that my child could be raised with both her mother and father.
After 2 years of marriage she decided she was going to have an affair with another woman. She took my child, my car, and my life away from me. With the grace of God I managed to graduate from college that summer and went to work for a company in my home town. Shortly thereafter I filed for divorce. Almost a year and $15K later I won custody of my daughter. I fought hard to keep my daughter out of the lifestyle her mother had choosen to live and God was on my side! Praise God for that.
Unfortunately she has to stay with her homosexual mom every other weekend. I will continue to teach her about Jesus Christ and pray that I can lay a good foundation so that she will not be overcome by the gay agenda.
dont forget when you give gays there 'rights' and stop fighting for the Lord. they will want to teach sunday school, sit in womens dresses next to you, and excuse themselves to use the 'ladies room' at the same time your daughter is in it. So..... if you want to see two men hugging and kissing in your pews and the church picnics, asking for donations to undergo sex change operations, having 'gay single dances' at your church, or how about this asking you to boycott the boy scouts till they admit gay leaders etc... You open the doors to a whole lot and this is only the beginning for them.
Chicago,
Matthew 5:28
But I say, anyone who even looks at a woman with lust has already committed adultery with her in his heart.
A priest can be celibate and sin just as easily as a monk can.
Mike,
1 Corinthians 7:8-9
So I say to those who aren't married and to widows - it's better to stay unmarried, just as I am. But if they can't control themselves, they should go ahead and marry. It's better to marry than to burn with lust.
If they are so committed then what's so different from being married. It sounds to me as if they like have the freedom to drop who they're with and be with someone else. Please explain to me how marriage is any more stressful than a 100% committed relationship?
Shuck, I'll be the first to point out any inconsistencies with my comments. Perhaps you hit on some there.
You're right, I think there should be equal rights for anyone who wants to enter into marriage. I'm big on equal rights.
You're right, I do want to "date" who I want when I want. But I treat others as I want to be treated and try my best to hold to high ethical standards. Why? Because I believe that serves us best in the long run, regardless of one's religious beliefs or lack thereof.
I don't believe that constitues "dwelling" in sin. I just sin. We all do.
BTW, I was a monk and a friar for eight years (and celibate). I've been on both sides of the fence and believe I've gained a lot of perspective.
Would you say that being gay and celibate is a sin?
LOL! Chicago, first I'm not judging I'm assuming. Secondly, you comment on how homosexuals should have the same benifits as heterosexuals then you comment on how marriage is not for you.
I find it funny that you mock my statement that homosexuals only want marriage for the tax & medical benefits when you yourself are claiming what I was saying in the first place. If you just want a committed relationship then buy yourselves some promise rings. If you want benfits then get become a civil union.
Regardless, you not wanting a marriage makes me assume that you like the freedom to be with whoever you want instead being truely committed. Which is what a lot of people dwelling in sexual sin want, gay or not. But hey, what do I know?
You can put your mind at ease, Daniel Paul. I have no intention of entering into a marriage, same-sex or otherwise. Sure, I think same-sex couples should be afforded the same rights as heterosexual couples. But I do not want the obligations of marriage.
I'm been a "Big Brother" with Big Brothers/Big Sisters for a long time which satisfies any longing for parenting I've ever had.
But marriage? No thank you.
SqueakyWheel
seeing as how we are now in slogans
it is time for the brotherhood of man to stand firm against the tyranny of religion and oppression. how many do you have to kill and maim and torture so that you feel that your god is safe?
again what is the sin?
The last word is still out.
This is far from being settled.
It's time to vote & get all the pro-homosexual politicians out of office this November!
homosexual marriage the bonding of 2 people out mutual love respect, trust, devotion, and attraction for a shared committed life together.
please, without the deluded judgements, explain where the sin is. without bringing in law, but instead in the spirit of romans1:20(before the law) who is violating who? how is the violation being perpetrated? what is the fruit of this violation. is there denial, delusion or deceit in this relationship? if so, what is it?
please explain the sin?
i don't know how many times i have to say this, and yet i do and yes on this site. the bible is not the last word on public policy. by all means bring it to the table, but not the jury room, and argue your position. it does not trump other views. i can not and will not accept passages from "scripture" as the sole evidence for public policy. Daniel paul, as an american citizen you have to accept that the bible is not the basis for policy in this country, quite simply because as an equal american i don't accept it.
"If you want to see the rates of stable marriages go up, you can thank the gay couples for causing those rates to rise. "
Interesting you find this to somehow define right and wrong. Divorce is wrong. Same sex marriage is wrong.
"The sky has not fallen, nothing has changed with the states that allow gay marriage, and to my knowledge, no children have been eaten in homosexual pagan sacraficial dinners. "
Do you know how to boil a bullfrog? You put it in a pot of 'comfortable' water and turn up the temp a little at a time until it's dead. The sad part is the frog becomes more 'comfortable' with it while it's boiling to death. It doesn't even know it's dying.
The Bible is very clear that this will happen in the end times. People will exchange the truth of God for a lie.
Shuck: I just have to point out a blazing contradiction in your comment.
You say you have no prejudice against gays, yet you begin by saying that "the only reason gay couples want to be married is for tax & medical benefits."
That statement right there is about the most obvious case of pre-judging I've ever seen. (By the way, the word "prejudice" means to pre-judge).
As far as committment, according to the US census bureau the divorce rate for heterosexual couples in Massachusetts during the first three years of marriage is eight times higher than same-sex couples.
Bottom line: If you want to see the rates of stable marriages go up, you can thank the gay couples for causing those rates to rise.
Of course you don't like it chicago. The only reason gay couples want to be married is for tax & medical benefits. It's definately not for the commitment status because as far as that's concerned they could both buy rings and make a promise to each other. They aren't getting married for God's blessing that's for sure.
So my point stands that these should be called Legal unions as they have no ties to religious marriage. I've come to a point where I say let them have their union as I have no prejudice against them. However, I will always stand firm in my preaching the good Word to homosexuals and hope that one day they will have a real marriage with God's blessing.
I believe you mean "if" its overturned. There is growing evidence to show that people are becoming more comfortable with the idea of same sex marriage, and I have no doubt that once NY sees their own gay couples enjoying the rights of marriage, they will not move away from it. The sky has not fallen, nothing has changed with the states that allow gay marriage, and to my knowledge, no children have been eaten in homosexual pagan sacraficial dinners. It would be pointless to take away the rights already given to gay couples. That would be like saying states can decide if they want slavery just because we got a new supreme court.
Recognizing out of state gay marriage is simply a political move. It will only last as long as this guy is governor since it isn't a law but an exec order. The next governor will have the legal right to change it.
Enjoy it while it lasts. The courts will have to toss any suits by gay couples when it's overturned. Otherwise the rulings will conflict.
What a tangled web we weave....
As a gay man, state recognition of same sex marriage doesn't really cut it. Until same sex unions are recognized on the federal level, same sex married couples and thier children are not entitled to social security and survivor benefits of their spouses and they still have to pay federal taxes as single persons and on and on.
I'd be much more in favor of calling it a "civil union" if we received equal benefits of marriage.
So far, even the same sex residents of California and Massachusetts do not receive the same benefits of marriage. Far from it.