Gay Marriage End-Run

End-run: A maneuver in which impediments are bypassed, often by deceit or trickery. I think that what the New York appeals court did in February was an end-run around a vote by New Yorkers.. or at least their representatives. In essence they legalized gay marriage in New York.. another example of activist judges legislating from the bench. Here is the story in brief from Reuters:

New York state has instructed government agencies to recognize same-sex marriages conducted out of state or abroad, renewing debate on an issue that was used to rally conservatives in the last U.S. general election.

The directive could impact everything from health insurance to public housing and organ donation. It was welcomed by the New York Civil Liberties Union, which posted a copy on its Web site and said it was "a milestone in the fight for fairness."

In the memo dated May 14 but not publicized at the time, Gov. David Paterson's legal counsel, David Nocenti, said state agencies that do not recognize gay marriages could be subject to liability.

The directive follows a New York appeals court ruling in February that valid same-sex marriages performed in other states or countries must be recognized in New York.

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