New York's Catholic Bishops have been given the go-ahead to defend traditional marriage in court by the state's highest court.The case will examine whether New York state should recognise out-of-state same-sex marriages that have been lawfully contracted in other states.
The brief on behalf of the Bishops argues that recognition of same-sex marriages, which would undermine a natural and social institution, is not required by New York precedents governing recognition of out-of-state marriages.
"A lower court said that New York state can recognise an out-of-state same-sex marriage, which does not make sense," said Tom Brejcha, president of the Thomas More Society in Chicago, which is assisting the Bishops with their case.
"A marriage that violates the public policy of New York state should not be recognised, regardless of where it was entered into, period.”
He added that an earlier lower court decision, which ruled New York could recognise out of state same-sex marriages, was "nothing less than an aberrant departure from the governing law.”
He went on to point out that New York's Court of Appeals had already handed down a definitive ruling in 2006 that the state's public policy, as set forth in its Domestic Relations Law, clearly provides that the state prohibit marriage between members of the same sex.
New York state law, he said, did not require the State to recognise out-of-state marriages that could not be legally performed in New York state.
"The Catholic bishops of New York state have consistently supported efforts to defend the institution of marriage from those who would redefine it as something other than what it has always been - the enduring union of one man and one woman, ordered for the procreation of children and the mutual support of the husband and wife," said Richard E. Barnes, executive director of the NYS Catholic Conference.
"The New York State Court of Appeals has previously ruled that state law defines marriage in this way, and that the state has a legitimate interest in prohibiting so-called 'same-sex marriage.'"+++++++++++++++++++++++++++++++++++++++++++++
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