Look for a split decision on same-sex marriage from New York's
highest court. In fact, the New York Post
reports, it's likely to come down to one man - moderate
conservative Judge Albert Rosenblatt, appointed by moderate
conservative Gov. George Pataki. The Post reports:
Pataki's other three appointees are not likely to be swayed by the argument that the ban on gay marriage violates New York's constitution, said [legal scholars]. Those likely opponents are Judges Susan Phillips Read, Victoria Graffeo and Robert Smith.
On the other hand, Chief Judge Judith Kaye and Judges George Bundy Smith and Carmen Beauchamp Ciparick - all named by former Democratic Gov. Mario Cuomo - have traditionally been "very sensitive" to civil-rights issues and would likely favor legalizing same-sex marriages. That would make Rosenblatt the deciding vote.
A 4-3 decision upholding gay marriage in New York State would
likely add to the polarization over the role of "unelected" judges
in "redefining" marriage - just what the proponents of a federal
"marriage protection" amendment dream of. Yet the strategy of
marriage-by-lawsuit rolls on.