New York, NY - Yesterday late afternoon, the New York Appellate Division, First Department, located in Manhattan, upheld the state's marriage laws in a 4-1 decision and reversed a lower trial court ruling. The appellate court granted Liberty Counsel's request to file a brief in defense of the marriage laws on behalf of the New York Family Policy Council, state Senators Ruben Diaz Sr. and Raymond Meier, state Assemblyman Daniel Hooker, business owner Michael Long, and City Action Coalition, a large coalition of pastors representing numerous religious denominations.

On February 2, 2005, Judge Doris Ling-Cohan issued a decision in Hernandez v. Robles declaring New York's marriage laws unconstitutional. Judge Cohan's decision came on the heels of three separate New York state court decisions which upheld the state's marriage laws. Liberty Counsel filed a brief in the Hernandez case before the trial court and filed briefs in each case that upheld the marriage laws.

In yesterday's decision, the appeals court said it is not the role of judges to redefine the terms "husband" and "wife." The court said that it was troubled that the lower court "proceeded to rewrite [the statute] and purportedly create a new constitutional right." The appeals court chastised the lower court ruling, stating that the trial court's ruling "was an act that exceeded the court's constitutional mandate and usurped that of the Legislature."

Rena Lindevaldsen, Senior Litigation Counsel for Liberty Counsel, stated she was pleased with the ruling, stating: "This decision now means that every court in New York has upheld the state's marriage laws. This is a clear victory for the family." In another New York case, Lindevaldsen recently argued before the New York Supreme Court, Appellate Division, located in Albany, in the same-sex marriage case of Hebel v. Village of New Paltz, New York. On September 11, 2005, the Hebel court also upheld the marriage laws and ruled that Mayor Jason West and any other Village officials are prohibited from solemnization of same-sex marriages.

Mathew D. Staver, President and General Counsel of Liberty Counsel, commented: "This court correctly exercised judicial restraint. Judges should not rewrite the law. Marriage does not depend on the stroke of a judge's pen. It is the right of the people, not judges, to create social policy. Every time the people speak on marriage, they always choose one man and one woman. Natural marriage is the bedrock of stable and healthy families."

Become a Liberty Alert Sponsor of the Month and your company's message will appear here and on our web site, which receives over 100,000 hits per month. For details, please email [email protected] or call 800-671-1776. Our sponsor this month is:

Tevebaugh and Associates
Financial & Estate Planning from a Biblical Perspective
A full-service financial planning firm dedicated to serving followers of Christ
"Informing, Instructing and Equiping Believers in Biblical Stewardship Principles"
2020 Hwy A1A, Ste. 108, Indian Harbour Beach, FL 32937
tel: 321-777-2990 e-mail: mark@tevebaughandassociates.