New York, NY - Liberty Counsel filed a brief requesting intervention in a same-sex marriage case pending before the New York Appellate Division, First Department, located in Manhattan. The intervention was filed on behalf of the New York Family Policy Council, state Senators Ruben Diaz, Sr. and Raymond Meier, state Assemblyman Daniel Hooker, business owner Michael Long, and City Action Coalition, a large coalition of pastors representing numerous religious denominations. The American Center for Law and Justice has joined Liberty Counsel on the pleadings representing the City Action Coalition. The case is known as Hernandez v. Robles.

On February 2, 2005, Judge Doris Ling-Cohan issued a decision in the Hernandez case declaring New York's marriage laws unconstitutional. Judge Cohan's decision came on the heels of three separate New York state court decisions which upheld the state's marriage laws. At the trial court level, Judge Ling-Cohan denied Liberty Counsel's request to intervene but granted Liberty Counsel's request to file a brief on the merits. Following the judge's ruling, New York Mayor Michael Bloomberg made public statements that he favored same-sex marriage. Mayor Bloomberg also directed his Chief Legal Counsel to write a letter to the Empire State Pride Agenda in which he reaffirmed his support to grant marriage rights to same-sex couples. Liberty Counsel's brief filed with the Appellate Division argues that such statements illustrate the point that the city will not mount a vigorous defense of the marriage laws. As an alternative to full party status through intervention, Liberty Counsel has asked to be granted amicus status with the right to present oral argument on appeal.

Mathew D. Staver, President and General Counsel of Liberty Counsel, stated, "The recognition of same-sex marriage would destroy the institution of marriage and harm children. The state has overwhelming reason to protect the family, and the best way to protect the family is to strengthen marriage. This case begs for independent parties to intervene to present a vigorous defense. Justice is not served when the Mayor, who is supposed to defend the marriage laws, is in bed with the same-sex marriage interest groups."