New York Appeals Court Vacates Lower...

New York Appeals Court Vacates Lower Court Ruling That Failed to Respect Canadian Marriage

There are 5 comments on the gay_blog.blogspot.com story from Mar 28, 2008, titled New York Appeals Court Vacates Lower Court Ruling That Failed to Respect Canadian Marriage. In it, gay_blog.blogspot.com reports that:

'The decision from the appellate court wipes the lower court ruling off the books' The New York Appellate Division has vacated the decision of the lower court.

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Join the discussion below, or Read more at gay_blog.blogspot.com.

WAW

Since: Dec 07

T.O.

#1 Mar 28, 2008
The problem is the obstacles put before us in order to end up with what should have been a no-brainer. I wonder what it would be like if straight people had to jump through so many hoops.
Will

United States

#2 Mar 28, 2008
The Appellate Division did not decide the case on the merits -- it merely dismissed the case and vacated the earlier trial division decision because the case was moot, i.e., there was no longer any actual controversy to be decided between the parties.

No big whoop.

DNF

“Judge less, Love more”

Since: Apr 07

Born in Newark Ohio

#3 Mar 28, 2008
Will wrote:
The Appellate Division did not decide the case on the merits -- it merely dismissed the case and vacated the earlier trial division decision because the case was moot, i.e., there was no longer any actual controversy to be decided between the parties.
No big whoop.
The Appellate Court's decision to vacate the lower court's ruling follows now uniform decisions by a number of other New York courts that out-of-state marriages of same-sex couples are entitled to respect in New York.
Will

United States

#4 Mar 29, 2008
DNF wrote:
<quoted text>The Appellate Court's decision to vacate the lower court's ruling follows now uniform decisions by a number of other New York courts that out-of-state marriages of same-sex couples are entitled to respect in New York.
Nevertheless, this Appellate Division ruling was NOT A DECISION ON THE MERITS, since the case was MOOT -- in FACT, vacating the original trial court ruling AGAINST recognition of the Canadian same-sex marriage in a moot case was AN EXTRAORDINARY MOVE by this Appellate Division, which justified its extraordinary move by stating that "the [trial court's] orders could spawn adverse legal consequences for the plaintiff or be used as precedent in future cases, causing confusion of the legal issues in this area of the law,...".

Clearly, the judges of some of the New York Appellate Divisions are trying to play games by eliminating rulings that may be adverse to their particular policy preferences regarding same-sex marriage -- this tactic of cherrypicking which rulings will be allowed to remain outstanding as potential precedent is transparently biased.

FYI, in the case of Martinez v. Monroe County, the County has already appealed to the New York Court of Appeals regarding the issue of recognition of Canadian same-sex marriages.

So...stay tuned.

DNF

“Judge less, Love more”

Since: Apr 07

Born in Newark Ohio

#5 Mar 30, 2008
Will wrote:
<quoted text>
Nevertheless, this Appellate Division ruling was NOT A DECISION ON THE MERITS, since the case was MOOT -- in FACT, vacating the original trial court ruling AGAINST recognition of the Canadian same-sex marriage in a moot case was AN EXTRAORDINARY MOVE by this Appellate Division, which justified its extraordinary move by stating that "the [trial court's] orders could spawn adverse legal consequences for the plaintiff or be used as precedent in future cases, causing confusion of the legal issues in this area of the law,...".
Clearly, the judges of some of the New York Appellate Divisions are trying to play games by eliminating rulings that may be adverse to their particular policy preferences regarding same-sex marriage -- this tactic of cherrypicking which rulings will be allowed to remain outstanding as potential precedent is transparently biased.
FYI, in the case of Martinez v. Monroe County, the County has already appealed to the New York Court of Appeals regarding the issue of recognition of Canadian same-sex marriages.
So...stay tuned.
I very rarely agree with you but in this case I have to admit you are correct. I am also disappointed that people labeled your response as off topic, spam and clueless.

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