Thursday, March 04, 2004

Spitzer's back up to his old tricks...

and I love it. He is high quality. We definitely need more independent thinkers like him running things.

Crain's New York Business has this coverage.

And if you're interested in reading Eliot Spitzer's well-reasoned opinion--the one where he says New York statute does not permit gays to marry in the state, but gays can marry elsewhere and New York must recognize the marriage--here it is (it takes the form of responding to two attorneys from small cities (towns) in New York who requested that the AG clearly state its position on the topic).

I particularly like the way he deals with the Equal Protection issue--by punting:

"The Attorney General's Office traditionally does not issue opinions on the constitutionality of state laws, and we do not today opine on whether the federal or state constitutions require the State to permit same-sex marriage. New York courts have not yet ruled on this issue, and they are the proper forum for resolution of this matter. However, because these constitutional concerns are integral to the questions you raise, we outline them here to assist you in advising the local officials you represent. However, because these constitutional concerns are integral to the questions you raise, we outline them here to assist you in advising the local officials you represent."

I hear Spitzer saying: 'somebody please, please please sue us! And if you wanna sue us, here's how to do it.' I don't know how he would weigh in on the Equal Protection argument if somebody did sue, but I think it's a safe to bet that he would share the same position as those people who believe that equality is something worth protecting.

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