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NEW YORK, March 3, 2004— New York Law School Professor Art Leonard, a nationally known expert in gay rights, said New York State Attorney General Eliot Spitzer’s statement on Wednesday indicates he is sympathetic to the argument for same-sex marriage. “I thought it was probably the correct interpretation of the marriage law,” Leonard said after Spitzer released a statement that state laws do not authorize marriage licenses to be issued to same-sex couples and that officials in the state should not solemnize such wedding ceremonies. “But I thought it signaled that he is very sympathetic to the argument that same-sex couples are entitled to marry in New York.” Leonard learned of Spitzer’s decision while speaking at a “Sexuality and the Law” panel at New York Law School’s Annual Faculty Presentation Day, a unique event for which classes are cancelled so students can engage professors in a conversation about the many legal topics that members of the faculty are writing and thinking about. Leonard took special note of what Spitzer said at the end of his statement: That same-sex marriages lawfully entered into in other jurisdictions should be recognized in New York. “As far as I know that’s the first state attorney general who’s taken the position that out-of-state same-sex marriages should be recognized in their state,” Leonard said. “They didn’t have to say anything about it because it wasn’t specifically the question before them. They sort of reached out.” In his statement, Spitzer said New York’s marriage laws raise constitutional questions involving due process and equal protection, and that any uncertainty in that regard must be decided by the courts. “It’s hard to predict, but if there is a marriage lawsuit in New York, and there’s likely to be one, we might find him filing an amicus brief on the side of the people seeking marriage,” Leonard said. “It wouldn’t be unprecedented for the New York State Attorney General not to defend the current law. It could be a very interesting situation.” ABOUT NEW YORK LAW SCHOOL Located near the centers of law, government, and finance in New York City, New York Law School is one of the oldest independent law schools in the United States. Its faculty of noted and prolific scholars has built the school’s curricular strength in the areas of tax law, labor and employment law, civil and human rights law, media and information law, urban legal studies, international and comparative law, and interdisciplinary fields such as legal history and legal ethics. The Law School enrolls 1,400 students and has more than 11,000 graduates. Contact: Jim Hellegaard, Office of Public Affairs, 212.431.2191, jhellegaard@nyls.edu # # # |
