New York pro-family advocates are denouncing a decision by a trial court judge that will allow one of the partners in a homosexual "marriage" that was legalized in Canada to sue for divorce.
Judge Laura Drager of New York State's Supreme Court made the ruling in Beth R. v. Donna M. -- despite the fact the state does not constitutionally recognize homosexual marriage. Attorney Stephen Hayford and his colleagues with the Coalition to Save Marriage in New York are upset at the decision. "Same-sex marriage is not legal in New York, period -- and if same-sex marriage isn't legal, how can same-sex divorce be legal? It just doesn't make any sense," he argues. In making her decision, Drager used the same criteria referenced by an appellate court in a previous matter, Martinez v. Monroe. In that case a judge ruled that only incestuous or polygamous relationships -- not homosexual ones -- were deemed to be "abhorrent" to public policy or prohibited by state law. That decision allegedly allows recognition of a homosexual couple in an out-of-state marriage. "Judge Drager, I believe, did mention the Martinez case in her decision, and unfortunately there are ways for lawyers and judges to spin things to get to the outcome that is desired," says Hayford. Hayford says the decision is an attempt by activist courts seeking to legislate from the bench. New York has not addressed same-sex marriage with a Defense of Marriage Act or similar legislation, and Hayford adds the coalition hopes this latest case -- like the Martinez matter -- will be appealed.
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