(New York City) Legal arguments were filed Friday in the second of at least four lawsuits seeking the legalization of same-sex marriage in New York State.
This case involves gay and lesbian couples who had registered to marry in New Paltz, New York but were blocked by a court ruling last year that ordered Mayor Jason West to cease performing weddings.
The ACLU is representing 12 same-sex couples, among them New York State Assemblyman Danny O'Donnell and his partner John Banta. (story) O'Donnell is the brother of Rosie O'Donnell.
A midlevel New York state appeals court ruled earlier this month that it is not unconstitutional to prevent same-sex couples from marrying.
In its brief to the Court of Appeals - the state's highest court - the ACLU argues that New York's law banning gay people from marriage violates the equal protection, due process, and free expression provisions of the New York constitution.
"We've known all along that it would ultimately be up to New York's high court to end the unfairness that lesbian and gay couples face because they are unable to secure marriage protections for their families," said James Esseks, Litigation Director for the ACLU's Lesbian and Gay Rights Project.
"Same-sex couples who commit to each other and raise families together shouldn't be treated as legal strangers."
The ACLU case will likely be argued at the same time the court hears arguments in a case brought by Lambda Legal also seeking marriage for same-sex couples.
That case involves five gay and lesbian couples. Lambda filed its arguments last month with the Court of Appeals also arguing that banning same-sex marriage is unconstitutional.
The other two cases remain in mid level courts and it is possible all four will be wrapped together for the high court.
The Court of Appeals has not set a date for the arguments.
One of the couples involved in the ACLU case outlined some of the problems faced by same-sex couples unable to marry.
"My partner Heather was grilled by hospital staff over and over about who she was and why she was there when I was in the hospital for breast cancer surgery," said Carol Snyder.
"We never would have had to go through such an ordeal if we were only able to be married," she said.
Snyder and her partner Heather McDonnell live in White Plains and have been together for more than 15 years