Lambda Legal: Hernandez v. Robles (Brief)

Hernandez v. Robles (Brief)

Click on the links below to view the briefs in PDF format

NAACP LDF NAACP Legal Defense & Educational Fund, Inc.	Friend-of-the-Court Brief from one of the nation’s preeminent civil rights legal organizations, encourages this Court not to endorse discrimination against gay men and lesbians by denying their fundamental right to marry the person they love.
Child Welfare The Association to Benefit Children, The AIDs Center of Queens County, The Child Welfare Fund, The National Association of Social Workers, The National Association of Social Workers-NY Chapter, The National Association of Social Workers-NYC Chapter, The Lesbian & Gay Community Services Center Inc.	Friend-of-the-Court Brief of Child Welfare and Community Organizations detailing the various ways in which children are harmed when same-sex couples are prevented from marrying.
New York Bar Associations The Association of the Bar of the City of New York, Asian American Bar Association of New York, American Academy of Matrimonial Lawyers-New York Chapter, The Legal AID Society of the City of New York, National Employment Lawyers Association/New York Tompkins County Bar Association.	Friend-of-the-Court Brief of New York Bar Associations explaining the many ways in which same-sex couples and their children are harmed when they are denied the protections of marriage.
APA Brief American Psychological Association, American Psychiatric Association, The New York State Psychiatric Association.	Friend-of-the-Court Brief of leading associations of psychologists, psychiatrists and behavioral scientists explaining why ending the prohibition on marriage for same-sex couples is in the best interest of children being raised by these parents.
LeGal Brief Lesbian, Gay, Bisexual and Transgender Law Association of Greater New York, Inc.	Friend-of-the-Court Brief from a statewide bar association formed to facilitate and improve the administration of justice for the LGBT community, explain that same-sex couples have a fundamental right to marry, which the State cannot interfere with absent compelling reasons — and none exists here.
Women’s Organizations The Women’s Bar Association of the State of New York, National Organization for Women-New York State, The Pace Women’s Justice Center.	Friend-of-the-Court Brief explaining that barring same-sex couples from marrying in New York State constitutes sex discrimination and thus violates the State’s Constitution.
Empire State Pride Agenda Empire State Pride Agenda, Bronx Lesbian and Gay Resource Consortium (Bronx), Las Buenas Amigas (New York), Capital District Gay and Lesbian Community Council (Albany), Colombian Lesbian and Gay Association (Jackson Heights), Gay & Lesbian Dominican Empowerment Organization (New York), Gay and Lesbian Youth Services of Western New York, Inc. (Buffalo), Gay Alliance of the Genesee Valley (Rochester), Gay Men of African Descent (New York), Gay Men’s Health Crisis, Inc. (New York), In Our Own Voices (Albany), The Institute for Human Identity, Inc. (New York), Latino Gay Men of New York (Brooklyn), Lesbian and Gay Family Building Project (Binghamton), Lesbian, Gay, Bisexual & Transgender Community Center (New York), The LOFT: the Lesbian and Gay Community Services Center, Inc. (White Plains), Long Island Crisis Center (Bellmore), Long Island Gay and Lesbian Youth, Inc. (Bay Shore), Long Island Lesbian Cancer Initiative (Jericho), Mano a Mano (New York), Marriage Equality New York (New York), Men of Color Health Awareness Project (Buffalo/Rochester), Pride Center of Western New York, Inc. (Buffalo), Primer Movimiento Peruano LGBT (New York), Rainbow Heights Club (Brooklyn),SAGE / Upstate (Syracuse).	Friend-of-the-Court Brief from leading lobbying and grass-roots advocacy organizations for lesbian, gay, bisexual and transgender New Yorkers and their families, along with other State and local organizations, highlight the variety of important ways that New York State already recognizes same-sex relationships and that allowing same-sex couples to marry furthers New York State’s practice of according equality to New York’s same-sex couples.
National Black Justice Coalition New York County Lawyers Association, National Black Justice Coalition.	Friend-of-the-Court Brief from civil rights organizations of black lesbian, gay, bisexual and transgender people and allies dedicated to fostering equality, demonstrating that the same unconstitutional rationalizations that were used to justify the prohibition against interracial marriage are being used today to preclude same-sex couples from marrying.
GLAD Gay & Lesbian Advocates & Defenders	Friend-of-the-Court Brief from lead counsel for plaintiffs in Goodridge v. Dept. of Public Health, 440 Mass. 309 (2003), the lawsuit that successfully challenged the exclusion of same-sex couples from marriage under Massachusetts law.
PFLAG Parents, Families, & Friends of Lesbians and Gays, Inc., Family Pride Coalition,Human Rights Campaign,Human Rights Campaign Foundation, The New York City Gay & Lesbian Anti-Violence Project.	Friend-of-the-Court Brief from national organizations committed to securing equality for LGBT parents and their families, including Parents, Families and Friends of Lesbians and Gays, Inc. and the Human Rights Campaign, demonstrate that the history of profound discrimination suffered by members of the gay community in New York State requires that the denial of marriage rights be subjected to a heightened judicial inquiry that carefully scrutinizes the legitimacy of the State’s actions.
Civil Rights Groups Anti-Defamation League, Asian American Justice Center, Asian American Legal Defense and Education Fund,Asian Equality, Equality Federation,National Center for Lesbian Rights,National Gay & Lesbian Task Force, People for The American Way Foundation, Vermont Freedom To Marry Task Force.	Friend-of-the-Court Brief from national civil rights groups including the Anti-Defamation League and the Asian American Legal Defense and Education Fund explain that denying same-sex couples the right to marry is not merely a denial of the collective rights and duties that married New Yorkers enjoy, but a denial of due process and equal protection of the State’s laws. Amici demonstrate that granting civil marriages to same-sex couples is the only remedy that can redress this constitutional violation.
Brief of New York Historians and Family Law Scholars Explaining the History and Evolution of Marriage Peter W. Bardaglio, PHD, Professor of History Ithaca College,Norma Basch, Professor Emerita Rutgers University, George Chauncey, Professor of History University of Chicago,Richard H. Chused, Professor of Law Georgetown University, Stephanie Coontz, Evergreen State College,Nancy F. Cott, Professor of American Studies Harvard University,Peggy Cooper Davis, Professor of Lawyering & Ethics NYU Law,John D’Emilio, PHD Professor of History & Gender & Women’s Studies University of Illinois, Nancy E. Dowd, Professor of Law University of Florida,Ariela Dubler Professor of Law Columbia University,Estelle Freedman, PHD, Professor of U.S. History Stanford University, Linda Gordon, Professor of History NYU, Michael Grossberg, Professor of History & Law Indiana University,Hendrik Hartog, Professor of the History of American Law & Liberty Princeton University,Martha Hodes, PHD, Professor of History NYU, Nancy Isenberg, PHD, Professor of History University of Tulsa,Linda K. Kerber, Professor of History University of Iowa,Isabel Marcus, Professor of Law University of Buffalo Law,Elaine Tyler May, Professor of American Studies & History University of Minnesota,Linda McClain, Professor of Law Hofstra University Law,Martha Minow, Professor of Law Harvard University, Steven Mintz, Professor of History University of Houston,Peggy Pascoe, Professor of Northwest & Pacific History University of Oregon,Elizbeth H. Pleck, PHD, Professor of History & Human Development University of Illinois, Carole Shammas, Chair of History University of Southern CA,Mary Lyndon (Molly) Shanley, Professor of Political Science Vassar College,Reva Siegel, Professor of Law Yale Law School, Amy Dru Siegel, PHD, Professor of History University of Chicago, Sandra F. VanBurkleo, PHD, Professor of History Wayne State University,	Friend-of-the-Court Brief from universities and law schools around the nation, including Columbia University, Harvard University, University of Chicago, Georgetown University, Stanford University and Yale Law School, explain that the legal definition of marriage in New York has never been static and that courts have been at the forefront of invalidating longstanding marriage rules that conflict with constitutional rights.
Religious Organizations The Academy for Jewish Religion; Affirmation Gay & Lesbian Mormons; Affirmation: United Methodists for Lesbian, Gay, Bisexual, and Transgender Concerns; The Association of Humanistic Rabbis (International and New York); AXIOS Eastern & Orthodox LGTB Christians; The Central Conference of American Rabbis; DignityUSA; The Jewish Reconstructionist Federation; Lutherans Concerned/North America; More Light Presbyterians; The National Catholic Church of America; The National Council of Jewish Women; The Parents Reconciling Network; The Reconstructionist Rabbinical Association; The Society for Humanistic Judaism; The Union for Reform Judaism; United Church of Christ Coalition for Lesbian, Gay, Bisexual and Transgsender Concerns; The Unitarian Universalist Association; The Universal Fellowship of Metropolitan Community Churches; and The Workmen’s Circle/Arbeter Ring; The Center of the Shining Light (New York, NY); Dignity New York (New York, NY); Dignity-Integrity/Rochester, Inc. (Rochester, NY); Interfaith Advocates for Lesbian, Gay, Bisexual and Transgender People (Rochester, NY); Lesbian, Gay, Bisexual and Transgender Interfaith Partnership of Westchester (Westchester County); The National Council of Jewish Women, New York State Public Affairs Committee; The New Seminary (New York, NY); Presbyterian Welcome (New York, NY); The Reform Jewish Voice of New York State (statewide); Soulforce (New York, NY); Welcoming Presbyterians of the Genesee Valley (Rochester, NY); and The Workmen’s Circle/Arbeter Ring New York Region (statewide); Beth Am, the People’s Temple (New York, NY); The Board of Trustees of the First Unitarian Society of Westchester (Hastings-On Hudson, NY); The City Congregation for Humanistic Judaism (New York, NY); Community Unitarian Church at White Plains; Congregation Beth Simchat Torah (New York, NY); Downtown United Presbyterian Church of Rochester; East End Temple (New York, NY); First Congregational United Church of Christ (Gloversville, NY); First Congregational United Church of Christ (Niagara Falls, NY); First Presbyterian Church of Albany, New York; Iglesia San Romero de Las Américas, United Church of Christ (New York, NY); Kolot Chayeinu/Voices of Our Lives (Brooklyn, NY); Metropolitan Community Church (New York, NY); Metropolitan Community Church of the Hudson Valley (Albany, NY); Nauraushaun Presbyterian Church of Pearl River; Open Arms Metropolitan Community Church (Rochester, NY); The Social Responsibility Council of the First Unitarian Church of Rochester; South Presbyterian Church (Dobbs Ferry, NY); St. Mark’s Episcopal Church (Penn Yan, NY); Temple Beth-El of Great Neck; The Temple of Universal Judaism (New York, NY); Temple Sinai (Rochester, NY); Third Presbyterian Church of Rochester, New York; Unitarian Universalist Church of Buffalo; Unitarian Universalist Church of Canton; Unitarian Universalist Congregation at Rock Tavern; Unitarian Universalist Fellowship of Big Flats; Unitarian Universalist Fellowship of Huntington; Unitarian Universalist Fellowship of Poughkeepsie; United Methodist Church of St. Paul and St. Andrew (New York, NY); and The Village Church (New York, NY) (formerly Metropolitan-Duane United Methodist Church) additionally 106 individual clergy and religious leaders located throughout the State of New York.	Friend-of-the-Court Brief from nearly 200 religious organizations, congregations and clergy throughout New York state, including Episcopal, United Methodist, Presbyterian, United Church of Christ, Unitarian and Reform Jewish Organizations, acknowledge that civil marriage is a legal status created by the State and is separate and distinct from religious weddings. Amici explain that allowing same-sex couples to marry civilly will not impinge on the free exercise rights of religious groups.
New York Law Professors Amy Adler, Prof. of Law, New York University School of Law; Penelope E. Andrews, Prof. of Law, CUNY School of Law; Claudia Angelos, Clinical Prof. of Law, New York University School of Law and President, New York Civil Liberties Union; Laura I. Appleman, Visiting Assistant Prof., Hofstra University School of Law; Pamela J. Armstrong, Lawyering Prof., Albany Law School; Donna E. Arzt, Prof. of Law, Dean’s Distinguished Research Scholar and Director, Center for Global Law & Practice (“GLAP”), Syracuse University College of Law; Paris R. Baldacci, Clinical Prof. of Law, Benjamin N. Cardozo School of Law; Barbara S. Barron, Prof. of Legal Research and Writing, Hofstra University School of Law; Paula Berg, Associate Prof. of Law, CUNY School of Law; Andrew R. Berman, Associate Prof. of Law, New York Law School; Nathaniel A. Berman, Prof. of Law, Brooklyn Law School; Adele Bernhard, Associate Prof. of Law, Pace Law School; Vincent Martin Bonventre, Prof. of Law, Albany Law School; Caitlin E. Borgmann, Assistant Prof., CUNY School of Law; Melissa L. Breger, Associate Clinical Prof. and Director, Domestic Violence Project, Albany Law School; Susan Bryant, Clinic Director and Prof., CUNY School of Law; Alafair S. Burke, Associate Prof. of Law, Hofstra University School of Law; Bridgit M. Burke, Assistant Clinical Prof. and Director, Civil Rights and Disabilities Law Project, Albany Law School; Sarah Burns, Prof. of Clinical Law, New York University School of Law; Michael T. Cahill, Assistant Prof. of Law, Brooklyn Law School; Paulette M. Caldwell, Prof. of Law, New York University School of Law; I. Bennett Capers, Associate Prof. of Law, Hofstra University School of Law; Eve Cary, Associate Prof. of Legal Writing, Brooklyn Law School; David N. Cassuto, Associate Prof. of Law, Pace Law School; Stephen Clark (Of Counsel), Associate Prof. of Law, Albany Law School; John C. Coffee, Jr., Adolf A. Berle Prof. of Law, Columbia Law School; Beverly Cohen, Prof. of Law, Albany Law School; David S. Cohen, Prof. of Law and former Dean, Pace Law School; Joseph M. Connors, Assistant Clinical Prof. and Director, Health Law Project, Albany Law School; Elizabeth Cooper, Associate Prof., Fordham University School of Law; Bridget J. Crawford, Associate Prof. of Law, Pace Law School; Peggy Cooper Davis, Shad Prof. of Law, New York University School of Law; Frank Deale, Associate Prof. of Law, CUNY School of Law; J. Herbie DiFonzo, Prof. of Law and Director, LL.M. Program in Family Law, Hofstra University School of Law; Norman Dorsen, Counselor to the President of New York University and Stokes Prof. of Law, New York University School of Law; Tigran W. Eldred, Acting Assistant Prof., Lawyering Program, New York University School of Law; Elizabeth Fajans, Associate Prof. of Law, Brooklyn Law School; Paul Finkelman, President William McKinley Prof. of Law and Public Policy and Senior Fellow in the Government Law Center, Albany Law School; James J. Fishman, James D. Hopkins Prof. of Law, Pace Law School; Sheila Foster, Prof. of Law, Fordham University School of Law; Eric M. Freedman, Maurice A. Deane Distinguished Prof. of Constitutional Law, Hofstra University; School of Law; Monroe H. Freedman, Prof. of Law, Hofstra University School of Law; James Thuo Gathii, Associate Prof. of Law, Albany Law School; Bennett L. Gershman, Prof. of Law, Pace Law School; Doni Gewirtzman, Associate Director, Lawyering Program, New York University School of Law; Stephen Gillers, Emily Kempin Prof. of Law, New York University School of Law; Brian Glick, Associate Clinical Prof. of Law, Fordham University School of Law; Julie Goldscheid, Associate Prof., CUNY School of Law; Toby Golick, Clinical Prof. of Law, Director of Clinical Legal Education and Director, Bet Tzedek Legal Services Clinic, Benjamin N. Cardozo School of Law; Victor M. Goode, Associate Prof. of Law, CUNY School of Law; Jennifer Gordon, Associate Prof. of Law, Fordham University School of Law; Stephen E. Gottlieb, Prof. of Law, Albany Law School; Jane Greenlaw, Associate Prof. of Health Care Law, Co-Director, Center for Palliative Care and Clinical Ethics and Director, Division of Medical Humanities and Program in Biopsychosocial Studies, University of Rochester School of Medicine and Dentistry; Hon. Stewart F. Hancock, Jr., Distinguished Visiting Prof. and Jurist in Residence at Syracuse Law School; Eva H. Hanks, Dr. Samuel Belkin Prof. of Law and Society, Benjamin N. Cardozo School of Law; Peter H. Halewood, Prof. of Law, Albany Law School; Sidney L. Harring, Prof. of Law, CUNY School of Law; Christine B. Harrington, Associate Prof. of Politics and Law and Society, Faculty of Arts and Science, New York University School of Law; Lenese C. Herbert, Associate Prof. of Law, Albany Law School; Susan N. Herman, Centennial Prof. of Law, Brooklyn Law School; James L. Hoover, Prof. Emeritus, Columbia Law School; K. Babe Howell, Assistant Prof., Associate Director of the Lawyering Program, New York University School of Law; Nan D. Hunter, Prof. of Law and Co-Director, Center for Health, Science, and Public Policy, Brooklyn Law School; Janet A. Johnson, Prof. of Law, Pace Law School; Paula C. Johnson, Prof. of Law, Syracuse University College of Law and Visiting Prof. of Law, CUNY School of Law; Katheryn D. Katz, Prof. of Law, Albany Law School; Eileen Kaufman, Prof. of Law, Touro Law School; Claire Kelly, Associate Prof. of Law and Associate Director, Center for the Study of International Business Law, Brooklyn Law School; Kathe Klare, Associate Prof. of Academic Success, Albany Law School; Richard Daniel Klein, Prof. of Law, Touro Law Center; Minna J. Kotkin, Prof. of Law, Brooklyn Law School; Sylvia A. Law, Elizabeth K. Dollard Prof. of Law, Medicine and Psychiatry, New York University School of Law; Donna H. Lee, Associate Prof. of Law, CUNY School of Law; Robin A. Lenhardt, Associate Prof. of Law, Fordham University School of Law; Arthur S. Leonard, Prof. of Law, New York Law School; Hon. Howard A. Levine, Judge, New York State Court of Appeals (retired) and Justice Robert H. Jackson Distinguished Prof. of Law, Albany Law School (endorsing the arguments made in Point I of this brief and taking no position with respect to the other arguments addressed herein); Stephen Loffredo, Prof. of Law, CUNY School of Law; Mary A. Lynch, Clinical Prof. of Law and Co-Director, Clinical Legal Studies Program, Albany Law School; Timothy D. Lytton, Prof. of Law, Albany Law School, Holly Maguigan, Prof. of Clinical Law, New York University School of Law; Gregory N. Mandel, Associate Prof. of Law, Albany Law School; Deborah A. Mann, Associate Lawyering Prof., Albany Law School; Joan Leary Matthews, Lawyering Prof., Albany Law School; Nancy M. Maurer, Clinical Prof. of Law and Co-director, Clinical Legal Studies Program, Albany Law School; Connie Mayer, Associate Dean for Academic Affairs and Clinical Prof. of Law, Albany Law School; Janis L. McDonald, Associate Prof. of Law, Syracuse University College of Law; Vanessa Merton, Prof. of Law, Pace Law School; Carlin Meyer, Prof. of Law, New York Law School; Elaine P. Mills, Lawyering Prof., Albany Law School; Gary Minda, Prof. of Law, Brooklyn Law School; Michael B. Mushlin, Prof. of Law, Pace Law School; Burt Neuborne, Inez Milholland Prof. of Civil Liberties and Legal Director, Brennan Center for Justice, New York University School of Law; Marie Stefanini Newman, Associate Prof. of Law and Director of the Law Library, Pace Law School; Stephen A. Newman, Prof. of Law, New York Law School; Nancy Ota, Prof. of Law, Albany Law School; Alicia Ouellette (Of Counsel), Associate Lawyering Prof., Albany Law School and Director, Program in Health Law and Bioethics, Alden March Bioethics Institute at Albany Medical College; Arthur R. Pinto, Prof. of Law and Co-Director Center for the Study of International Business Law, Brooklyn Law School; Ann Powers, Associate Prof. of Law, Pace Law School; David Pratt, Prof. of Law, Albany Law School; James D. Redwood, Prof. of Law, Albany Law School; Dana Brakman Reiser, Associate Prof. of Law, Brooklyn Law School; David A.J. Richards, Edwin D. Webb Prof. of Law, New York University School of Law; Richard S. Risman, Prof., Legal Communications & Research Program, Syracuse University College of Law; Jenny Rivera, Prof. of Law, CUNY School of Law; Ruthann Robson, Prof. of Law, CUNY School of Law; Audrey Rogers, Associate Prof. of Law, Pace Law School; Darren Rosenblum, Associate Prof. of Law, Pace Law School; Joseph Rosenberg, Associate Prof. of Law, CUNY School of Law; Rebecca B. Rosenfeld, Acting Assistant Prof. of Lawyering, New York University School of Law; Merrick T. Rossein, Prof. of Law, CUNY School of Law; Elizabeth M. Schneider, Rose L. Hoffer Prof. of Law, Brooklyn Law School; Elizabeth S. Scott, University Prof., Class of 1962 Prof. of Law, and Joseph C. Carter, Jr., Research Prof., University of Virginia School of Law, and Harold Medina Prof. of Law, Columbia Law School (eff. Fall 2006); Laurie Shanks, Clinical Prof. of Law and Director, Field Placement Program, Albany Law School; David D. Siegel, Distinguished Prof. of Law, Albany Law School; Norman I. Silber, Prof. of Law, Hofstra University School of Law; Marjorie A. Silver, Prof. of Law, Touro Law Center; Lewis A. Silverman, Associate Prof. of Clinical Law and Director of Family Law Clinic, Touro Law Center; Michelle S. Simon, Associate Dean of Academic Affairs and Prof. of Law, Pace Law School; Dan R. Smulian, Assistant Prof. of Clinical Law, Safe Harbor Project, Brooklyn Law School; Gemma Solimene, Clinical Associate Prof. of Law, Fordham University School of Law; Barbara Stark, Prof. of Law, Hofstra University School of Law; Edward Stein, Prof. of Law and Codirector, Program for Family Law, Policy, and Bioethics, Benjamin N. Cardozo School of Law; Hon. Eleanor Stein, Visiting Prof. of Law, Albany Law School; Ralph M. Stein, Prof. of Law, Pace Law School; Nadine Strossen, Prof. of Law, New York Law School and President, American Civil Liberties Union (ACLU); Barbara E. Swartz, Bruce K. Gould Distinguished Prof. of Law, Touro Law Center; Kendall Thomas, Nash Prof. of Law and Co-Director, Center for the Study of Law and Culture, Columbia Law School; Gayl S. Westerman, Prof. of Law and Director, International Programs, Pace Law School; Michael J. Wishnie, Prof. of Clinical Law, New York University School of Law; Ellen C. Yaroshefsky, Clinical Prof. of Law and Director, Jacob Burns Center for Ethics in the Practice of Law, Benjamin N. Cardozo School of Law; Donna E. Young, Prof. of Law, Albany Law School; Steve Zeidman, Associate Prof. of Law, CUNY School of Law; Ian Ayres, William K. Townsend Prof., Yale Law School; Margaret E. Montoya, Prof. of Law, University of New Mexico School of Law, and 2006 Kate Stoneman Lecturer, Albany Law School.