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Marriage on Appeal

Inside the Issues with Alan Sears

September 23, 2008
The Alliance Defense Fund is leading the charge in this country, when it comes to upholding marriage as the union God intended – exclusively between one man and one woman.  Voters in three states—Arizona, California, and Florida—will have the opportunity to vote on marriage amendments in November, and ADF and its allies have played an important legal role in ensuring that voters in those states have the opportunity to express their will on same-sex "marriage." New York, however, is proving to be just as active a battleground, even though the issue is not on the ballot there and its courts have continually rejected legal attempts to fabricate same-sex "marriage."

As you may recall, ADF attorneys are involved in a lawsuit against New York Governor David Paterson.  On May 14, Paterson issued an executive directive ordering all state agencies to review their policy statements, regulations, and statutes "to ensure that terms such as 'spouse,' 'husband,' and 'wife' are construed in a manner that encompasses legal same-sex marriages." The directive instructs agencies to extend all the benefits of marriage to same-sex couples "married" elsewhere, including California, Massachusetts, even Canada.

ADF attorneys filed suit on behalf of New York lawmakers and taxpayers on June 3, arguing that the governor acted beyond his authority in issuing that directive and that implementation of it will cause a wrongful expenditure of taxpayer funds in a state where same-sex "marriage" is not legal.  We are now appealing a New York judge's decision to uphold Gov. Paterson's directive, which we believe is illegal.  You can read a copy of the notice of appeal by clicking here.

"This radical redefinition of marriage ordered by the governor without the consent of the governed not only assaults the democratic process, but undermines the promotion of strong families," said ADF Senior Legal Counsel Brian Raum. "Under New York law, same-sex 'marriages' are not considered marriages. Therefore, they cannot be protected under the common law rule that the judge used to justify the governor's directive."

If Gov. Paterson wins this battle in New York, it could have legal ramifications across the country.  We will not let that happen.  As Esther realized in the Old Testament, "For such a time as this" (Esther 4:14) we are in place to serve those standing on the front lines in this war for marriage. Those on our front lines, our attorneys, are prepared, bathed in prayer, and willing to fight this out until success is achieved and marriage in this country is recognized exclusively as the union between one man and one woman.

We cannot do this without your support and prayers.  By God's grace, we will declare victory in this case and the true definition of marriage will ultimately be restored in this country.

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