New York – Today a second New York court has upheld the constitutionality of the definition of marriage as the union of one man and one woman. Just two months ago, Rockland County Supreme Court Justice Weiner upheld the constitutionality of New York’s marriage laws. In the decision, Albany County Justice Joseph C. Teresi rejected arguments by thirteen same-sex couples, including State Representative Daniel J. O’Donnell – brother of Rosie O’Donnell – that the laws violated constitutional guarantees of due process, equal protection and free speech.

Justice Teresi explained that the laws do not discriminate based on gender because men and women are treated alike under the marriage laws – they both are able to marry someone of the other gender. After refusing to find that alleged discrimination based on sexual orientation is subject to any type of heightened review, he found the justifications offered by the state for limiting marriage to a man and a woman passed constitutional muster. The court also explained that same-sex couples do not have a fundamental right to marry under the New York or United States Constitutions. Finally, the court found no merit to the couples’ claims that someone precluding same-sex couples from marrying violates their right to free expression.

The case is known as Samuels v. New York State Department of Health. Liberty Counsel’s Senior Litigation Counsel, Rena Lindevaldsen, filed a brief in the case urging the court to uphold the laws. Liberty Counsel represents the New York Family Policy Council, Senators Ruben Diaz Sr. and Raymond Meier, Assemblyman Daniel Hooker, and business owner Michael Long.

Mathew D. Staver, President and General Counsel of Liberty Counsel, stated: “This is a great victory for traditional marriage. Within a few months, two New York courts have upheld the state’s marriage laws. Marriage between one man and one woman is common sense. The state has an obvious interest in preserving traditional marriage. The state clearly has the right to prefer the best family arrangement for children and society.” Liberty Counsel is directly involved in defending marriage in over thirty cases throughout the country.