NEWS RELEASE

For immediate release: For information:
June 17, 2004 Terry Kindlon 518 434 1493

GAY MARRIAGE LAWSUIT FILED TODAY IN ALBANY COURT

Two capital district same sex couples who were recently married in an Albany Unitarian Universalist church, sued the City of Albany and the State of New York today for denying them a marriage licence.

The purpose of the suit is to direct the Albany City Clerk to issue a valid marriage licence to the couples and to compel the New York State Health Department to allow the city to issue the licence. Before their marriage ceremony and two days after their weddings, the couples attempted to apply for a marriage licence but were turned away by the Albany City Clerk.

"This suit is called an Article 78 proceeding. In it, our clients petition the New York Supreme Court to compel the City of Albany to issue them marriage licenses. This lawsuit is based on the irrefutable principle that the City, in concert with the State Health Department, has established a discriminatory policy that violates their constitutional right to the equal protection of law. My co-counsel, Kathy Manley, and I have absolute confidence our cause is just, that the time has come for same-sex marriage and that we will inevitably prevail," said Albany attorney Terry Kindlon.

"Lynn and I seek for our family the same protections and responsibilities afforded our straight friends and families. We appreciate that change is hard for many people to embrace, but we believe, as do many in this country, that our democracy is designed to evolve and include the diversity of our humanity. We have been blessed with the love and support of our friends and family - the recognition of our marriage by the state is simply a logical next step," said Elissa Kane, one of the plaintiffs in the lawsuit.

The case relies on the New York State Constitution to argue that the State of New York cannot discriminate against same sex couples by denying them the right to a civil marriage. Such a policy violates equal protection and the fundamental right to marry the person of your choice.

The plaintiffs in the case are Elissa Kane and Lynne Lekakis, and Robert Barnes and George Jurgsatis. Both couples were married on March 27, 2004 by Unitarian Universalist Minister Sam Trumbore.

The lawsuit was filed today in Albany County Supreme Court by Attorney Terry Kindlon and Attorney Kathy Manley.

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