Although the
fight for marriage equality was dealt two massive blows
Thursday when both New York's and Georgia's highest courts
voted against same-sex marriage, gay-rights activists
are still optimistic that momentum is on their side.
They said that despite the legal losses, there are
more battles to be fought both in the courts and the
legislative arena.
"This is something that is going to work itself
out over the next 10 or 15 years, ultimately through
the U.S. Supreme Court or an act of Congress," Matt
Foreman, executive director of the National Gay and
Lesbian Task Force, told the Associated Press. He conceded
that the New York court of appeals decision upholding
the exclusion of same-sex couples from marriage
rights was particularly painful.
"It's hard to read the decision as anything
other than a rebuff of gay and lesbian couples," Ohio
State University law professor Marc Spindelman, who
studies LGBT legal issues, told AP. "Clearly, in
bringing the case and pushing it as hard as they did, it's
pretty good evidence that they thought they had a
substantial chance of victory."
Less certain were
the chances for victory in Georgia, but the state
supreme court's unanimous ruling that a constitutional ban
on same-sex marriage did not violate the
single-subject rule governing such ballot measures was
still something of a surprise. Earlier this year a lower
court had ruled that the ban, approved by voters in 2004,
did violate the single-subject proviso because it
encompassed both same-sex marriage and civil unions.
Other same-sex marriage cases are currently
pending in the highest courts in both Washington state
and New Jersey, but back in New York, activists are
now hoping to pass a bill in the state legislature that
would legalize same-sex marriage. The state's
Democratic attorney general and gubernatorial
candidate, Eliot Spitzer, is currently leading in the polls
and has said he would work to create such legislation if
elected governor this fall, and New York City mayor
Michael Bloomberg is an ally also. (The Advocate)