By a vote of 38-24, the New York state Senate has decided to uphold marriage discrimination in New York state. How did we get here? In 2006, New York’s highest court issued one of the most derided decisions in recent memory in Hernandez v. Robles. In that ruling, Judge Robert Smith’s decision denied the right to marriage equality. He argued in part that marriage was about protecting children, and that heterosexual families could be formed accidentally and therefore were more fragile and needed the protection of the institution of marriage. Chief Judge Judith Kaye called the decision a “mishap,” and several legal commentators have ridiculed the irrationality of this decision.
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