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Monday, July 10, 2006 12:00 AM

Ban on gay marriage denies justice to children

The N.Y. court says marriage is good for kids. Then why doesn't my daughter deserve the same legal protection as the children of opposite-sex parents?

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  • Sunday, July 9, 2006 07:00 PM

    As lame as the judge's two "defenses" of hetero-only marriage are...

    ...the author has taken them slightly out of context. Follow the bouncing ball:

    1) In order to rule whether the New York Domestic Relations Law's ban of homosexual marriage is a violation of New York State's equal protection and due process clauses of its constitution, the judge has used a rationality test -- i.e., could the legislature have a rational reason to deny homosexuals the right to marry?

    2) The judge offers two very lame reasons why the legislature could have meant to deny homosexuals the right to marry, noting that there are many others.

    3) The judge says that the plaintiffs failed to show that such reasoning was irrational.

    4) Under his rationality test, he rejects the argument that the legislature has violated either the equal protection clause or due process clause.

    He states in the ruling that the legislature can give homosexuals the right to marry any time it wishes. So it seems that the next step is for progressive New Yorkers to dust themselves off, get up, and tell their legislators to do the right thing.

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