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Retroactive Application of New York Marriage Law to Decades-Long Marriages – Gay City News

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The New York Court of Appeals recently ruled that the state’s decades-old law requiring heterosexual couples to be married before having children will apply retroactively to same-sex couples as well. The ruling, which was made in a 6-1 decision, has sparked controversy and garnered mixed reactions from the public.

The law in question, which dates back to 1981, states that couples must be married before conceiving children through artificial insemination. The ruling, which applies to same-sex couples as well, means that those who had children before getting married could be at risk of having their parental rights called into question.

This decision has brought attention to the issue of retroactive application of laws, with some arguing that it is unfair to hold individuals accountable for laws that were not in place at the time of their actions. Others argue that the law should be applied equally to all couples, regardless of sexual orientation.

The ruling has also raised concerns about the potential impact on children who were conceived outside of marriage. Critics argue that upholding the law retroactively could destabilize families and disrupt the lives of children who were born under different circumstances.

Advocates for LGBTQ+ rights have expressed disappointment and frustration over the court’s decision, claiming that it represents a setback for the progress made in recognizing and protecting the rights of same-sex couples and their families. They argue that the ruling perpetuates discrimination and inequality, and could have harmful consequences for LGBTQ+ individuals and their children.

On the other hand, supporters of the ruling defend the court’s decision as an affirmation of the importance of marriage in the context of raising children, and argue that it upholds the integrity of family law. They assert that the law should be applied consistently to all couples, and that the court’s decision reflects a respect for the institution of marriage and the well-being of children.

The implications of this ruling are significant, as it not only affects same-sex couples, but also has broader implications for family law and the application of laws retroactively. This decision has sparked debate and raised important questions about equality, justice, and the rights of LGBTQ+ individuals and their families.

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