Hernandez v. Robles

Case seeking the right to marry for same-sex couples in New York

  • Status: Closed
    • Opened: 03/05/04
    • Closed: 07/06/06
  • Attorneys

Summary

In March 2004, Lambda Legal filed a historic lawsuit seeking marriage equality for same-sex couples. Our case argued that denying marriage to same-sex couples violates the state constitution’s guarantees of equality and liberty for all New Yorkers. The lawsuit was filed two days after the state’s attorney general said that state laws referring to “husband” and “wife” should prohibit local officials from issuing marriage licenses to same-sex couples — and added that those laws raise serious constitutional questions because they exclude gay couples. In February 2005, a trial courtTrial Court  Court that hears the original arguments in a case, may include a jury (more keywords) judge ruled in Lambda Legal’s favor, saying same-sex couples must be allowed to marry. The intermediate appellate courtAppellate court/Mid-level appeals court  A court with jurisdiction to review decisions of trial courts (more keywords) reversed the trial court and the case ended up at New York’s high courtHigh court  A state’s highest court (usually the state supreme court), or in the federal system, the United States Supreme Court (more keywords), which upheld the state’s exclusion of same-sex couples from marriage.

Lambda Legal's Impact

The high court’s decision puts the responsibility to grant marriage equality in New York squarely in the hands of the state legislatureLegislature  The federal or state branch of government responsible for enacting laws (more keywords) and the court of public opinion. Lambda Legal’s marriage case helped move public opinion forward significantly by showing the hardships couples face when they are denied the rights, responsibilities and protections of marriage. This is important groundwork as we enter the next stage of the battle.

History

  • March 2004 Lambda Legal files historic lawsuit seeking full marriage for same-sex couples in New York State.
  • July 2004 Lambda Legal asks state court to fast-track its case seeking marriage licenses for same-sex couples, citing the need for the protections and security that marriage provides.
  • September 2004 Lambda Legal files court papers arguing that the city’s case for continuing to discriminate against same-sex couples — which the city says is an interest in “preserving traditional marriage”—is an improper basis for denying rights to people and doesn’t pass constitutional muster.
  • February 2005 In historic ruling, New York state court says that same-sex couples must be allowed to marry. Lawyers for New York City appealAppeal  To ask a higher court to reverse the decision of a trial court (more keywords) the decision.
  • March 2005 New York Court of Appeals (the state’s highest court) announces that a mid-level state appeals courtAppellate court/Mid-level appeals court  A court with jurisdiction to review decisions of trial courts (more keywords) needs to hear Lambda Legal’s lawsuit seeking marriage for same-sex couples before the high court considers hearing the case.
  • August 2005 Lambda Legal files papers in New York Appellate Division, First Department (the state’s mid-level court) to defend the lower court ruling affirming that same-sex couples should be allowed to marry in New York.
  • December 2005 Mid-level court overturns lower court decision that barring same-sex couples from marriage violates the state’s constitution. Lambda Legal plans an appeal to the state’s highest court.
  • February 2006 Lambda Legal files opening briefBrief  A written legal argument submitted to the court(more keywords) in New York Court of Appeals seeking marriage for same-sex couples.
  • May 2006 Lambda Legal presents oral arguments to New York Court of Appeals.
  • July 2006 New York Court of Appeals issues ruling upholding the state’s exclusion of same-sex couples from marriage.

Documents

Briefs

Hernandez v. Robles (Brief)
Click on the links below to view the briefs in PDF format
05/02/06
Friend-of-the-court brief of Professors of History and Family Law
Hernandez v. Robles (Brief)
04/20/06
Friend-of-the-Court brief of NAACP Legal Defense and Educational Fund, Inc.
Hernandez v. Robles (Brief)
04/19/06
Friend-of-the-Court Brief of Civil Rights Groups
Hernandez v. Robles (Brief)
04/18/06
Friend-of-the-Court Brief of Gay & Lesbian Advocates & Defenders
Hernandez v. Robles (Brief)
04/12/06
Friend-of-the-Court Brief of Religious Organizations
Hernandez v. Robles (Brief)
04/12/06
Friend-of-the-Court Brief of the Empire State Pride Agenda, et al
Hernandez v. Robles (Brief)
04/11/06
Friend-of-the-court brief of American Psychological Association, American Psychiatric Association and New York State Psychiatric Association
Hernandez v. Robles (Brief)
04/11/06
Hernandez v. Robles (Brief)
Read the friend-of-the-court brief of New York Bar Associations.
01/01/06
Hernandez v. Robles (Brief)
Read Lambda Legal’s brief.
01/01/06
Hernandez v. Robles (Brief)
Read the friend-of-the-court brief of Lesbian, Gay, Bisexual and Transgender Law Association of Greater New York.
01/01/06
Hernandez v. Robles (Brief)
Read the friend-of-the-court brief of New York County Lawyers’ Association and the National Black Justice Coalition.
01/01/06
Hernandez v. Robles (Brief)
Read the friend-of-the-court brief of Women’s Organizations.
01/01/06
Hernandez v. Robles (Brief)
Read the friend-of-the-court brief of NAACP Legal Defense and Educational Fund, Inc.
01/01/06
Hernandez v. Robles (Brief)
Read the friend-of-the-court brief of Child Welfare and Community Organizations.
01/01/06
Hernandez v. Robles (Brief)
Read the friend-of-the-court brief of Religious Organizations.
01/01/06
Hernandez v. Robles (Plaintiffs' Memorandum)
Plaintiffs' Memorandum of Law in Response to Memorandum of Law on Behalf of Friends-of-the-Court.
12/15/05
Hernandez v. Robles (Memorandum)
Memorandum of Law in Further Support of Plaintiffs' Motion for Summary Judgement and in Opposition to Defendant's Cross-Motion for Summary Judgement
09/15/05
Hernandez v. Robles (Memorandum)
Memorandum of Law in Support of Plaintiffs' Motion for Summary Judgement
09/15/05
Hernandez v. Robles (Briefs)
Click on the links below to view the briefs in PDF format.
08/05/05
Hernandez v. Robles (Opposition to Appeal)
Lambda Legal's opposition to the appeal filed by the Clerk of the City of New York
08/05/05

Decisions

Decision from the New York Court of Appeals
Hernandez v. Robles
07/06/06
Hernandez Decision in First Department
Hernandez v. Robles
09/01/05
Decision from the Supreme Court of the State of New York
Hernandez v. Robles
02/04/05