Kramer Levin Assists Lambda in Filing Historic Lawsuit Seeking Freedom to Marry for Same-Sex Couples in New York

Kramer Levin assisted Lambda Legal in filing an historic lawsuit on March 5, 2004 in New York seeking the right to marry for same-sex couples. The case, Hernandez v. Robles, on behalf of a gay couple who have been together for over five years, argues that denying marriage to same-sex couples violates the New York State Constitution.

The case is the first of its kind to be filed in New York since the Massachusetts high court ruled that same-sex couples are entitled to full marriage under that state’s Constitution.  The complaint, prepared by partner Jeffrey S. Trachtman and associate Norman C. Simon, argues that, in precluding civil marriage for same-sex couples, New York’s Domestic Relations Law violates the due process and equal protection clauses of the New York Constitution. The complaint seeks a declaration that the law is unconstitutional, as well as an injunction requiring the City Clerk of the City of New York to issue marriage licenses to same-sex couples who otherwise satisfy the state’s requirements for marriage.

For the past several years, a team of Kramer Levin attorneys has worked closely with Lambda Legal — the nation’s largest and oldest legal organization committed to advancing the civil rights of lesbians and gay men — in formulating litigation strategies on issues pertaining to civil union laws and same sex marriage in New York State. This lawsuit, on which Kramer Levin will serve as Lambda's co-counsel, marks the culmination of that work and is a significant contribution to the national dialogue over this important civil rights issue.

Read a recent New York Law Journal article on the suit.