Robert Smith

Yesterday's gay marriage decision offered up enough controversial nuggets to keep both sides of the debate yammering for weeks to come. But one that really seems to have people buzzing this morning seems to be Judge Smith's argument that one could "rationally believe that it is better, other things being equal, for children to grow up with both a mother and a father."

We aren't lawyers, so we can't provide much in the way of legal dissection here. (And besides, we're tired of hearing from lawyers.) But, in one of those weird twists of coincidence, we do happen to know the daughter of one the five plaintiff couples in Hernandez v. Robles. (She is the close friend of one my young cousins).

Her name is Aliya Shane. She is 17 years old. She has, needless to say, followed her parents' case closely. ("I went to the website and read the whole decision online. I've read a lot of legal things, so I kind of get the language now," she said.)

Here is a little of what she had to say about the outcome:

"I'm really sad that the decision was 4-2 and not a 3-3 tie. I'm surprised by that, because I thought it would be a little closer. And I'm sad that the judges couldn't really see that my parents are being discriminated against. And I just kind of expected more from New York because we are such a progressive state. So I was surprised by that, and I'm actually really disappointed.

"I mean, it just made me really angry, some of the arguments that they used. Because, they kept saying it's for the legislature to decide, but aren't the courts here to make sure people's rights aren't being violated, that people have equal rights?

More after the jump...  read more »

-- Lizzy Ratner

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