Trachtman Quoted on Much Awaited Gay Rights Marriage Case Decision

On July 6, over a strong dissent authored by Chief Justice Judith Kaye, New York's Court of Appeals denied the right to civil marriage to same sex couples in Hernandez v. Robles, a case brought by Kramer Levin as co-counsel with Lambda Legal. Jeffrey S. Trachtman, who led the Kramer Levin team on the case along with Norman C. Simon, was acknowledged or quoted in several publications reporting on the decision.

The front page news article on the decision in the July 7 New York Times  mentioned Jeff as co-counsel and quoted from one of Kramer Levin's briefs in the case with Lambda Legal: "Each New Yorker is free to choose wisely or poorly without regard to whether the marriage has the stamp of public approval, unless he or she would marry a partner of the same sex."

An article in the New York Law Journal  noted Jeff and Norm's co-counsel role and quoted Jeff regarding the primary "rational basis" for the marriage ban embraced by the plurality decision -- the need to promote stability for heterosexual couples who may accidentally procreate. Jeff noted that excluding same-sex couples does nothing to promote that interest and in fact harms the many children being raised by same-sex couples. Jeff also opined that Judge Kaye's dissent would be remembered, like Justice Harry Blackmun's famous one in Bowers v. Hardwick, as being ahead of its time.

In a news article on Bloomberg.com, Jeff was also quoted as noting that each of the opinions in the marriage cases recognized the injustices inflicted on same-sex couples and the need for legislative action.