May 31, 2006
FOR IMMEDIATE RELEASE
CONTACT:
media@aclu.orgALBANY – The
American Civil Liberties Union appeared before New York’s highest court today to
urge the court to strike down a state law that bars same-sex couples from
marriage and the hundreds of family protections provided to married
couples.
“We’ve known all along that this case was headed to New
York’s high court, so it was especially rewarding to hear the lawyers explain
why it’s unfair for the state to ban us from marriage and the many family
protections that come with it,” said Carol Snyder of White Plains. When
Snyder was being treated for breast cancer, her partner of 15 years, Heather
McDonnell, was repeatedly questioned and asked to leave her side even though the
couple had secured paperwork hoping to avoid this kind of treatment.
The
ACLU, the New York Civil Liberties Union and the law firm Paul, Weiss, Rifkind,
Wharton and Garrison, LLP brought the legal challenge on behalf of same-sex
couples from throughout the state. In addition to the ACLU case, the New
York Court of Appeals heard oral arguments today in three other cases seeking
marriage for same-sex couples, including a case brought by Lambda Legal on
behalf of couples from New York City and separate cases brought by couples in
Ithaca and Albany. The court’s decision will apply to all lesbian and gay
New Yorkers.
“We are hopeful that we succeeded in persuading the members of
the Court of Appeals that denying same-sex couples protections for their
families is inconsistent with New York's unique and rich history of tolerance
and equality for all,” said Roberta Kaplan of Paul, Weiss, Rifkind, Wharton and
Garrison, LLP, who argued on behalf of the couples in the case. “Lesbians
and gay people who fall in love, make commitments to each other, and raise
children together deserve to have all of the protections that married New
Yorkers take for granted.”
“It is unfair for the state to treat committed
couples as legal strangers,” added James Esseks, Litigation Director of the ACLU
Lesbian Gay Bisexual Transgender Project. “As many lesbian and gay couples
throughout the state have learned so painfully, family protections become
critical during times of crisis.”
Among the couples who were present for the
arguments were:
- Cindy Bink and Ann Pachner of West Hurley, who have been together for
18 years. Bink had to leave her job as a counselor at a community college
in New Jersey, where she had worked for 17 years because the college did not
offer domestic partner benefits. Forced to search for a job that would
allow her to cover Pachner on her health insurance policy, she finally found a
job working for the City of New York that provides health care for both of
them.
- Regina Cicchetti and Susan Zimmer, who live in Port Jervis, recently
celebrated their 35th anniversary. Cicchetti has survived two
life-threatening illnesses – breast cancer and a pituitary tumor – and says that
she could never have made it through these crises without Zimmer’s support. The
couple wants the security of knowing no questions will be asked about their
relationship should one of them be hospitalized in the future.
- John Wessell and Billy O'Connor of New York City will be celebrating
their 27th anniversary next week. Now nearing retirement, the couple
worries that they would be barred from visiting each other in the hospital or
kept out of conversations about emergency medical decisions. Although they
have wills, they also worry that their wishes will not be respected when one of
them passes away.
"Lesbian and gay couples seek out and establish long-term commitments just as
straight couples do," said Arthur Eisenberg, Legal Director of the New York
Civil Liberties Union. "There is simply no good reason for the state to refuse
to provide equal benefits and equal status under the law to all couples who seek
the legal protections of civil marriage."
It is unknown when the court will issue its ruling.
Esseks and
Sharon McGowan of the ACLU Lesbian Gay Bisexual Transgender Project, Eisenberg
of the NYCLU and Kaplan and Andrew Ehrlich of Paul, Weiss, Rifkind,
Wharton and Garrison, LLP are the legal team representing the plaintiffs.
Biographical information on all of the clients, the legal documents and
other background materials about Samuels and Gallagher, et. al. v. New York
Department of Health are available at: www.aclu.org/caseprofiles
