New York High Court Sends Lambda Legal's Marriage Lawsuit to State Appeals Court; 'We're Ready to Make Our Case for Fairness,' Lambda Legal Says

(New York, March 31, 2005) -- This morning, the New York Court of Appeals (the state's highest court) announced that a middle-level state appeals court needs to hear Lambda Legal's lawsuit seeking marriage for same-sex couples before the high court considers hearing the case. Last month, a state judge ruled in Lambda Legal's favor, saying same-sex couples must be allowed to marry under the New York Constitution.

Following is a statement from Susan Sommer, Senior Counsel at Lambda Legal and lead attorney on the case, about this morning's announcement:

"We're disappointed that it will take more time to resolve this case and secure important protections for same-sex couples and their families. It's common for the state's high court to want the mid-level appeals court to weigh in first, and this procedural development has no bearing on the ultimate outcome of the case. We're ready to make our case for fairness at the mid-level appeals court, and we hope we'll get the same outcome we did at the trial court. We're looking forward to presenting a strong and persuasive case on behalf of same-sex couples who need the protections only marriage provides."

The case (Hernandez v. Robles) will now move forward in state appeals court.