Albany, NY - Liberty Counsel filed two separate amicus briefs at the New York Court of Appeals (the highest court in the state) defending the state's marriage laws. The briefs were filed on behalf of the New York Family Policy Council and Concerned Women of America. The two cases are Hernandez v. Robles and Samuels v. New York State Department of Health. Liberty Counsel also filed briefs at every stage of the litigation before the two lower level courts.

On February 2, 2005, Judge Doris Ling-Cohan issued a decision in Hernandez declaring New York's marriage laws unconstitutional. Judge Cohan invented a "fundamental right to choose one spouse," wrote that same-sex marriage "would cause harm to no one," that there is "no legitimate purpose, let alone a compelling interest" in the marriage laws, and ordered that "husband," "wife," "groom" and "bride" should now be construed as "spouse." The First Department of the Appellate Division reversed the ruling and upheld the marriage laws.

On December 7, 2004, Judge Joseph C. Teresi in the Samuels case upheld the marriage laws against a challenge brought by thirteen same-sex couples, including State Representative Daniel J. O'Donnell, the brother of Rosie O'Donnell. The Third Department of the Appellate Division also upheld the marriage laws.

Both cases are now before the state's highest court, referred to in New York as the Court of Appeals. Liberty Counsel's briefs argue that there is no fundamental right to marry a person of the same sex and that the state has a legitimate interest in limiting marriage to the union of one man and one woman.

Mathew D. Staver, President and General Counsel of Liberty Counsel, commented about the briefs: "Marriage is distinct from other personal relationships. The marital union of a man and a woman uniquely contributes to the continuing well-being of men and women, to society, to children and to the state. To recognize marriage between people of the same-sex would result in the abolition of male and female by making gender irrelevant, and the abolition of gender would have devastating effects on children. Children do best when raised with a mom and a dad."